https://www.taxtmi.com/caselaws?id=759784 CESTAT Chennai allowed the appeal regarding service tax refund under reverse charge mechanism. The tribunal held that Rule 9(1)(e) of CENVAT Credit Rules applies to RCM payments, not Rule 9(1)(bb) as incorrectly applied by authorities. Credit denial was improper since appellant paid tax under RCM basis. Penalty under Section 78 was set aside as no suppression of facts was established. Regarding transition credit, while appellant couldn't avail TRAN-1 credit due to payment timing after GST implementation, refund under Section 142(3) of CGST Act was allowed as credit was eligible but couldn't be transferred to GST regime. en-us Tue, 08 Oct 2024 00:00:00 +0530 Tue, 08 Oct 2024 14:13:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=759784 CESTAT Chennai allowed the appeal regarding service tax refund under reverse charge mechanism. The tribunal held that Rule 9(1)(e) of CENVAT Credit Rules applies to RCM payments, not Rule 9(1)(bb) as incorrectly applied by authorities. Credit denial was improper since appellant paid tax under RCM basis. Penalty under Section 78 was set aside as no suppression of facts was established. Regarding transition credit, while appellant couldn't avail TRAN-1 credit due to payment timing after GST implementation, refund under Section 142(3) of CGST Act was allowed as credit was eligible but couldn't be transferred to GST regime. Case-Laws Service Tax Tue, 08 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=759784