TaxTMI 
TaxTMI 
TaxTMI 
2023 (1) TMI 1182
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....ed at the premises of respondent and it was noticed by the department that respondent had constructed 166 flat in their project "Atlantis‟ having 4 towers (A,B,C & D) and out of which 46 flats were booked/sold before issuance of completion certificate i.e. BUC and they had paid the service tax on the payment received, while remaining 120 flats were unsold/ remained unsold after issuance of BUC, where the entire consideration/payment was received or to be received after receipt of completion certificate/BUC as a sales of goods/immovable property on payment of state sale Tax/VAT. It appeared that respondent was required to reverse the proportionate amount of Cenvat credit after receipt of completion certificate (BUC). On further investi....
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.... 6 of Cenvat Credit Rules, 2004 applicable. The credit of input services in respect of the Tower/Buildings were not admissible to the assessee post issuance of completion certificate but they continued to avail the credit in gross violation of Rule 6(1) of the Cenvat Credit Rules, 2004 without maintaining any separate account of the receipt and use of input services in respect of the said Towers/Building as required under Rule 6(2) of the Cenvat Credit Rules, 2004. They did not follow the statutory procedure as prescribed under Rule 6 of the Cenvat Credit Rules, 2004, for reversal of the Cenvat credit, thus the respondent has no other option and they were required to reverse Cenvat Credit in terms of Rule 6 (3) of the Cenvat Credit Rules, 2....
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....ficate was non-service, then the entire beneficial scheme of Cenvat Credit was not available to them because it was not output service at all and the respondent cannot keep the benefit of cenvat credit availed for the activities which were not service. 3.3 He also submits that instant matter which was decided by the Commissioner (Appeals), on the basis of the Judgment of Hon‟ble High Court of Gujarat in the case of the Principal Commissioner Vs. M/s Alembic Ltd. was not accepted by the department at all and the same was appealed before the Hon‟ble Supreme Court of India and outcome of the departmental appeal filed before the Hon‟ble Supreme Court of India i.e Special leave Petition is still awaited. 4. Shri. Abhay Y. Des....
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.... Commissioner (Appeals). One of the findings of fact recorded by the Commissioner (Appeals) is in paragraph 13 which reads thus: " 13. As the quantum of such cenvat credit on input services, is not forthcoming from the records available with office, I hereby remit the matter back to adjudicating authority for the limited purpose to quantify the said proportionate credit by following the principles of natural justice in the matter in terms of the above directions alongwith the interest and penalty thereof. In view of the above, I set aside the impugned order to the afroresaid extent and remand the matter to adjudicating authority for the purpose of quantification only in terms of above directions. From the above finding of the Ld. Commis....