Cenvat Credit Available On Books Of Account Cannot Be Rejected Without Following Due Procedure: CESTAT
The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal has held that unless CENVAT Credit availed by the appellant has not been recovered by way of the issue of a show cause notice invoking Rule 14 of the CENVAT Credit Rules, 2004, CENVAT Credit available on the books of account cannot be rejected when it is accumulated on account of export of service.The. The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal has held that unless CENVAT Credit availed by the appellant has not been recovered by way of the issue of a show cause notice invoking Rule 14 of the CENVAT Credit Rules, 2004, CENVAT Credit available on the books of account cannot be rejected when it is accumulated on account of export of service. The appellant submitted that out of the amounts reflected in two appeals, one is CENVAT credit for service tax paid on event management services, and the other is service tax paid on rentals of immovable property. The Tribunal noted that amounts of CENVAT credit were not disallowed by way of invoking Rule 14 of the CENVAT Credit Rules, 2004; therefore, the amounts were available in the appellant's account.
Refund Cannot Be Denied To Any Person Who Has Borne The Incidence Of Tax: CESTAT
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