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    <title>2010 (3) TMI 379 - CESTAT, CHENNAI</title>
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    <description>Credit of service tax on input services is not contingent on the supplier actually remitting tax to the Government where the recipient has paid the billed service value and tax and the transaction is bona fide. Reading Rules 3 and 4(7) of the Cenvat Credit Rules, 2004 together, the recipient may take credit on the basis of the prescribed invoice and payment, and the Board circular indicates that action need not be taken against the recipient in the absence of mala fides. On that basis, denial of credit was unwarranted and refund of accumulated unutilised credit on export of output services was admissible.</description>
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    <pubDate>Thu, 11 Mar 2010 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=77366</link>
      <description>Credit of service tax on input services is not contingent on the supplier actually remitting tax to the Government where the recipient has paid the billed service value and tax and the transaction is bona fide. Reading Rules 3 and 4(7) of the Cenvat Credit Rules, 2004 together, the recipient may take credit on the basis of the prescribed invoice and payment, and the Board circular indicates that action need not be taken against the recipient in the absence of mala fides. On that basis, denial of credit was unwarranted and refund of accumulated unutilised credit on export of output services was admissible.</description>
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      <pubDate>Thu, 11 Mar 2010 00:00:00 +0530</pubDate>
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