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The case involved wrongful utilization of CENVAT Credit for service tax liability under Reverse Charge Mechanism. The Tribunal held that utilizing CENVAT Credit for service tax on Reverse Charge Mechanism basis before 01.04.2011 is valid. The demand of Rs.14,36,72,226/- was set aside. However, the admissibility of CENVAT Credit on input services worth Rs.25,99,085/- was remanded for verification by the adjudicating authority. The impugned order was modified to set aside the service tax demand and remanded for verification. The adjudicating authority was instructed to decide the matter within three months. Appeal allowed in part and part matter remanded.
The case involved wrongful utilization of CENVAT Credit for service tax liability under Reverse Charge Mechanism. The Tribunal held that utilizing CENVAT Credit for service tax on Reverse Charge Mechanism basis before 01.04.2011 is valid. The demand of Rs.14,36,72,226/- was set aside. However, the admissibility of CENVAT Credit on input services worth Rs.25,99,085/- was remanded for verification by the adjudicating authority. The impugned order was modified to set aside the service tax demand and remanded for verification. The adjudicating authority was instructed to decide the matter within three months. Appeal allowed in part and part matter remanded.
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