https://www.taxtmi.com/caselaws?id=760805 The appellant availed cenvat credit on input services when output services were subject to service tax, which was lawful. Before obtaining the Occupancy Certificate, the appellant had utilized the entire cenvat credit toward output service tax payments. Since service tax is not levied on completed flats/buildings with Occupancy Certificates, the unsold carpet area was not taxable. Following Gujarat HC precedent in Principal Commissioner vs. Alembic Ltd., cenvat credit availed during taxable activity need not be recovered for unsold areas after obtaining Occupancy Certificate. CESTAT Mumbai allowed the appeal and set aside the recovery order. en-us Fri, 25 Oct 2024 00:00:00 +0530 Sat, 26 Oct 2024 10:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=760805 The appellant availed cenvat credit on input services when output services were subject to service tax, which was lawful. Before obtaining the Occupancy Certificate, the appellant had utilized the entire cenvat credit toward output service tax payments. Since service tax is not levied on completed flats/buildings with Occupancy Certificates, the unsold carpet area was not taxable. Following Gujarat HC precedent in Principal Commissioner vs. Alembic Ltd., cenvat credit availed during taxable activity need not be recovered for unsold areas after obtaining Occupancy Certificate. CESTAT Mumbai allowed the appeal and set aside the recovery order. Case-Laws Service Tax Fri, 25 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=760805