CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Straight-line lease rental accounting change results in penalty quashed where disclosed accounts and bona fide arguable accounting interpretation exis...
Rule 6(5) of the CENVAT Credit Rules, 2004 allows full credit of service tax on specified input services notwithstanding the restrictions in Rule 6(1) to 6(3), unless the services are used exclusively for exempted goods. The Tribunal treated the disputed maintenance and software-related services as covered by Rule 6(5), so credit could not be denied merely because the services were common to dutiable and exempted production or because separate records were not maintained. It also recognised the retrospective amendment permitting proportionate reversal with interest for common credit disputes pending up to 31.03.2008, and found the department should have considered that relief. The demand, interest and penalty were set aside.
Rule 6(5) of the CENVAT Credit Rules, 2004 allows full credit of service tax on specified input services notwithstanding the restrictions in Rule 6(1) to 6(3), unless the services are used exclusively for exempted goods. The Tribunal treated the disputed maintenance and software-related services as covered by Rule 6(5), so credit could not be denied merely because the services were common to dutiable and exempted production or because separate records were not maintained. It also recognised the retrospective amendment permitting proportionate reversal with interest for common credit disputes pending up to 31.03.2008, and found the department should have considered that relief. The demand, interest and penalty were set aside.
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