https://www.taxtmi.com/caselaws?id=757014 CESTAT Bangalore allowed the appeal, setting aside the impugned order. The appellant had erroneously availed cenvat credit of Rs.2,03,69,972/- and sought adjustment against service tax paid on export services. The tribunal held that while service tax excess payments can be adjusted against subsequent liability, erroneous cenvat credit cannot be adjusted against export service tax payments. However, recovery of erroneous cenvat credit was only possible after insertion of recovery provision w.e.f. 01.03.2013. The extended limitation period was not sustainable as the Department was aware of the adjustment since February 2007, with communications exchanged and interest paid in March 2009, but show-cause notice was issued only in June 2009. en-us Fri, 09 Aug 2024 00:00:00 +0530 Wed, 14 Aug 2024 08:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757014 CESTAT Bangalore allowed the appeal, setting aside the impugned order. The appellant had erroneously availed cenvat credit of Rs.2,03,69,972/- and sought adjustment against service tax paid on export services. The tribunal held that while service tax excess payments can be adjusted against subsequent liability, erroneous cenvat credit cannot be adjusted against export service tax payments. However, recovery of erroneous cenvat credit was only possible after insertion of recovery provision w.e.f. 01.03.2013. The extended limitation period was not sustainable as the Department was aware of the adjustment since February 2007, with communications exchanged and interest paid in March 2009, but show-cause notice was issued only in June 2009. Case-Laws Service Tax Fri, 09 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757014