Misuse of CENVAT Credit on capital goods - availing of CENVAT Credit on towers and parts thereof such as angles, channels, Beam of steel etc., and prefabricated shelter/PUF panels by cellular phone service providers - reg.
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CENVAT credit denial on tower components and prefabricated shelters mandates recovery from telecom service providers within the current financial year. CENVAT credit on structural materials used for erecting towers and on prefabricated shelters/PUF panels used to house equipment is not available to telecom service providers because such goods form part of civil structures, are attached to the earth and are not excisable goods; consequently, irregularly availed credit must be recovered expeditiously within the current financial year and reporting of recovery difficulties must be made to the Board.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
CENVAT credit denial on tower components and prefabricated shelters mandates recovery from telecom service providers within the current financial year.
CENVAT credit on structural materials used for erecting towers and on prefabricated shelters/PUF panels used to house equipment is not available to telecom service providers because such goods form part of civil structures, are attached to the earth and are not excisable goods; consequently, irregularly availed credit must be recovered expeditiously within the current financial year and reporting of recovery difficulties must be made to the Board.
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