2018 (6) TMI 1082

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Dr. D.M. Misra Heard both sides. 2. This is an appeal filed against order-in-appeal No. MKK/352/RGD APP/2017 dt. 19.12.2017 passed by Commissioner of Central Excise (Appeals) Raigad. 3. The short issue involved in the present appeal is: whether the appellants are entitled for cenvat credit of service tax paid on the retention money relating to construction service rendered by the Appellan....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d been paid and the condition of the contract was to ensure performance, 5% of the service charge payable has been retained for a period of 12 months from the date of completion of the project. It is his argument that since the amount of service tax was already paid on the retention money, therefore, the credit on the same is admissible, irrespective of the fact, whether the amount is paid immedia....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he date of the completion of project, as per the contract, as a guarantee towards performance of the obligation of the contract. The Ld. Chartered Accountant has categorically submitted that the entire amount has now been paid, therefore, the cenvat credit is admissible. I find force in the contention of the Appellant. Otherwise also, the issue has been settled by this Tribunal in Thermax Engineer....