Appellant wins Cenvat credit battle on TR-6 challan with appellate authority ruling The appellant sought Cenvat credit on TR-6 challan for Goods Transport Agency services. The Tribunal granted waiver based on precedent. The Commissioner ...
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Appellant wins Cenvat credit battle on TR-6 challan with appellate authority ruling
The appellant sought Cenvat credit on TR-6 challan for Goods Transport Agency services. The Tribunal granted waiver based on precedent. The Commissioner supported TR-6 for credit. The Revenue objected, but the appellate authority upheld TR-6. The issue favored the appellants, setting aside the impugned order and allowing the appeal.
Issues involved: The eligibility of the appellant to avail Cenvat credit on TR-6 challan u/s 16-6-2005 for Goods Transport Agency services.
Summary:
Issue 1: Eligibility of Cenvat credit on TR-6 challan: The appellant sought Cenvat credit on TR-6 challan for services from Goods Transport Agency. The denial was based on TR-6 not being duty paying documents until 16-6-2005. The Tribunal granted waiver due to a similar case precedent. The appellant availed Cenvat credit for service tax paid, similar to a previous case. The Commissioner held TR-6 as proper for credit, supported by Tribunal precedent. The Revenue reiterated their objection, but the appellate authority upheld TR-6 as the basis for credit. The Revenue did not specify an alternative document for credit during the relevant time. The issue was found in favor of the appellants, setting aside the impugned order and allowing the appeal.
Conclusion: The impugned order was set aside, and the appeal was allowed with any consequential relief.
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