https://www.taxtmi.com/caselaws?id=357424 Cenvat credit in relation to construction of a mall later used for taxable renting service was treated differently by category of inputs. Credit on inputs consumed in construction was held inadmissible, while credit on input services and capital goods used for the mall was treated as admissible against the taxable renting output. The Tribunal also held that credit could not be denied merely because it was reflected as an opening balance in April 2011, since the entry error was clerical and did not affect the existence or quantum of the credit. Penalty under Section 78 was set aside by invoking Section 80, and the demand was to be re-quantified accordingly. en-us Mon, 26 Feb 2018 00:00:00 +0530 Fri, 23 Mar 2018 07:11:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=357424 Cenvat credit in relation to construction of a mall later used for taxable renting service was treated differently by category of inputs. Credit on inputs consumed in construction was held inadmissible, while credit on input services and capital goods used for the mall was treated as admissible against the taxable renting output. The Tribunal also held that credit could not be denied merely because it was reflected as an opening balance in April 2011, since the entry error was clerical and did not affect the existence or quantum of the credit. Penalty under Section 78 was set aside by invoking Section 80, and the demand was to be re-quantified accordingly. Case-Laws Service Tax Mon, 26 Feb 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=357424