Tribunal Upholds Penalties for Improper Cenvat Credit Claims on Unsold Flats After Completion Certificate.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The appellant wrongly availed Cenvat credit on input services for unsold flats after issuance of completion certificate, contravening Rules 6(3) and 6(3A) of the Cenvat Credit Rules, 2004. Section 73(2) of the Finance Act, 1994, read with Rule 14 of the Cenvat Credit Rules, 2004, was invoked for extended period of limitation, interest, and penalty. The appellant admitted that after receiving the completion certificate, the building became immovable property, and booking receipts were for sale of property, not service. The appellant had the option to take proportionate credit for sold flats and reverse the balance for unsold flats. Cenvat credit eligibility has a direct nexus with tax payment liability. Since the appellant had no service tax.........