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Common Input Credit Reversal

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CESTAT allows reversal of CENVAT credit attributable to input services used for provision of exempted services, under Rule 6(3)(ii) of Cenvat Credit Rules, 2004 (CCR), even though procedure under Rule 6(3A) stipulating exercising of such option in writing and furnishing necessary details, not followed; Assessee, a practising chartered accountant rendered both taxable and exempt service, utilised CENVAT credit and paid an amount of CENVAT credit on input services used towards exempted services before Show Cause Notice issuance; Enforcing payment at 8/6 percent of exempted service under Rule 6(3)(i) merely because of non-payment of due amount on time as per procedure prescribed in Rule 6(3A) too harsh, when it is undisputed by Revenue that assessee paid same amount which was due under Rule 6(3A); Further, allows CENVAT credit on insurance, repair and maintenance of motor vehicles issued in partners name, where expenditure incurred from firm's budget and taken into its books of accounts; Relies on Karnataka HC judgement in Adecco Flexione Workforce Solutions and sets aside penalty absent existence of element of mens rea : Mumbai Tribunal
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Guest Saturday, 22 September 2018

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