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    <title>2017 (8) TMI 902 - CESTAT MUMBAI</title>
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    <description>Exemption under Notification No. 6/2005-ST was available because the service provider did not avail CENVAT credit on capital goods during the exempted period and took credit on inputs or input services only from the date service tax payment commenced. The ST-3 returns and supporting records showed no credit availed on inputs, capital goods, or input services during the relevant period. Revenue did not produce tangible evidence of credit being taken in that period, and a carried-forward balance from an earlier year did not, by itself, establish breach of the notification condition. The demand for service tax was therefore unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=346844</link>
      <description>Exemption under Notification No. 6/2005-ST was available because the service provider did not avail CENVAT credit on capital goods during the exempted period and took credit on inputs or input services only from the date service tax payment commenced. The ST-3 returns and supporting records showed no credit availed on inputs, capital goods, or input services during the relevant period. Revenue did not produce tangible evidence of credit being taken in that period, and a carried-forward balance from an earlier year did not, by itself, establish breach of the notification condition. The demand for service tax was therefore unsustainable.</description>
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