Just a moment...

Report
FeedbackReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Feedback/Report an Error
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home /

2019 (9) TMI 1670

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ER (JUDICIAL) Shri M Suresh, Joint Commissioner (AR) for the appellant Shri S S Gupta, Chartered Accountant for the respondent ORDER PER: C J MATHEW We find that this appeal of Revenue, arising out of order-in-original no. 21 and 22/STC-IV/MRRR/15-16 dated 16th July 2015 of Commissioner of Service Tax (Audit-I), Mumbai that dropped proceedings for recovery of Rs. 106,21,18,911 and Rs. 35,32,8....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....proceedings, of similar nature, had been initiated at different places and that the Tribunal, in Patel Air Freight v. Commissioner of Central Excise, Customs & Service Tax, Hyderabad-II [2016 (45) STR 404 (Tri-Hyd)], has held that '7. Admittedly, the said document called Cargo Sales Report is not specifically included in the list of documents on which Cenvat credit can be taken, inter alia, by pr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....to avail credit on the Cargo Sales Report, which is a fortnightly summary of the Air Way Bills (AWB). It is not the case of the Department that the said Cargo Sales Report shows a higher or lower credit amount different from the total of the AWBs referred to therein. It is also not the case of the Department that the appellants are availing Cenvat credit of service tax not suffered by them. The on....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... address provider of output service and the Deputy Commissioner of Central Excise or the Assistant Commissioner of Central Excise, as the case may be, is satisfied that the goods or services covered by the said document have been received and accounted for in the books of the account of the receiver, he may allow the CENVAT credit. 4. That, in our view, is academic considering that the present ap....