https://www.taxtmi.com/caselaws?id=447379 CESTAT Kolkata allowed the appellant's appeal against disallowance of CENVAT credit worth Rs. 183,36,81,368/- along with interest and penalties. The department denied credit claiming no service was rendered and payments were capital investment reimbursements. The Tribunal held that CENVAT credit cannot be denied when service tax payment is undisputed at service provider's end, citing established precedent. The extended limitation period invocation was unsustainable as no suppression, fraud, or collusion was proven. Being a PSU, appellant enjoyed presumption of bona fide conduct, and credit availment was disclosed in periodic returns. The demand was set aside on both merit and limitation grounds. en-us Wed, 20 Dec 2023 00:00:00 +0530 Mon, 25 Dec 2023 09:24:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=447379 CESTAT Kolkata allowed the appellant's appeal against disallowance of CENVAT credit worth Rs. 183,36,81,368/- along with interest and penalties. The department denied credit claiming no service was rendered and payments were capital investment reimbursements. The Tribunal held that CENVAT credit cannot be denied when service tax payment is undisputed at service provider's end, citing established precedent. The extended limitation period invocation was unsustainable as no suppression, fraud, or collusion was proven. Being a PSU, appellant enjoyed presumption of bona fide conduct, and credit availment was disclosed in periodic returns. The demand was set aside on both merit and limitation grounds. Case-Laws Central Excise Wed, 20 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=447379