https://www.taxtmi.com/caselaws?id=753279 CESTAT Allahabad allowed the appeal against recovery of CENVAT credit with interest and penalty. The case involved reversal of service tax credit availed on services related to inputs, where part quantity was cleared to another factory. The Tribunal held no specific provision in CENVAT Credit Rules requires reversal of proportionate input service tax credit when inputs are cleared as such. Only central excise duty credit needs reversal under Rule 3(5), not service tax credit. The demand lacked legal backing as tax cannot be levied by inference or presumption beyond statutory provisions. en-us Thu, 09 May 2024 00:00:00 +0530 Wed, 29 May 2024 22:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=753279 CESTAT Allahabad allowed the appeal against recovery of CENVAT credit with interest and penalty. The case involved reversal of service tax credit availed on services related to inputs, where part quantity was cleared to another factory. The Tribunal held no specific provision in CENVAT Credit Rules requires reversal of proportionate input service tax credit when inputs are cleared as such. Only central excise duty credit needs reversal under Rule 3(5), not service tax credit. The demand lacked legal backing as tax cannot be levied by inference or presumption beyond statutory provisions. Case-Laws Central Excise Thu, 09 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=753279