Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2014 (3) TMI 406

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... providing telecommunication service. During the period Apr'05 to Sept. '07, they had availed CENVAT credit on certain goods like cables claimed by them to be capital goods. Details of the disputed good are not seen in the SCN or impugned order. These items were installed at the subscriber's premises. Revenue was of the view the applicant could not have availed CENVAT credit on any of ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rvice provider for taking credit. The only condition is that capital goods should have been used in providing output services. The difference in the wording of the definition as in relation to a manufacturer of excisable goods vis-à-vis., a service provider is to be taken note of. In Rule 3(5) of CENVAT Credit Rules, there was a provision that if the equipment was being removed from the pre....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the appeal may be admitted without any pre-deposit. 3. Opposing the prayer, the learned Authorized Representative for the Revenue submits that during the relevant time Rule 3(5) of Cenvat Credit Rules, 2004, required that if capital goods were removed from the premises of the service provider and such capital were not received back within 180 days CENVAT credit should have been reversed, which wa....