2024 (6) TMI 1111

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ennai. 2. Brief facts of the case are that the appellant is providing Information Technology Software Services, Technical Testing and Analysis Service etc. The appellant had received services from their associated enterprises located outside India in the year 2017 - 18, during the erstwhile service tax regime and also made a debit in their books of account during the service tax regime. However, the invoices for the said services were raised by the service provider during the GST regime and the payment for the same was made by the appellant during the GST regime. Inasmuch as the appellant had not paid any service tax on the import of such services received under reverse charge mechanism, they paid the service tax of Rs.82,38,366/- with i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....T Credit or any tax paid under the existing law shall be processed as per the existing law and disposed of as cash refund notwithstanding anything contrary contained under the provisions of existing law except for Section 11B(2) of the Central Excise Act, 1944. Thus the very purpose of Section 142(3) is to provide for refund of CENVAT Credit / tax paid under existing law in transitional scenarios covering such situations which are not provided-for in the existing law. He referred to the judgment of the Larger Bench of this Tribunal in M/s. Bosch Electric Drive India Pvt. Ltd. Vs. Commissioner of Central Tax (Interim Order No. 40021/2023 dated 21.12.2023) wherein it had been held that even if the service tax has been deposited by the appella....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... appellant is not eligible to claim CENVAT Credit in terms of Rule 9(1)(iv)(bb) of the CENVAT Credit Rules, 2004. He prayed that the appeal may be rejected. 4. We have heard the rival submissions. In the light of the decision of a Larger Bench of this Tribunal in Bosch Electric (supra), we examine the issue on merits. We find that delayed payment of tax along with the applicable interest is permitted by the erstwhile Act. Furter for better appreciation of the law involved section 142(3) of the CGST Act, 2017 is reproduced as under; "Every claim for refund filed by any person before, on or after the appointed day, for refund of any amount of CENVAT credit, duty, tax, interest or any other amount paid under the existing law, shall....