Appeal Allowed: No Service Tax on Water Supply; Cenvat Credit Re-Availment Valid; No Suppression, Interest, or Penalty.
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....The appellant is not liable to pay service tax on supply of water by the Government of Odisha, as the issue has been settled by the Tribunal's decision in a previous case. The agreement between the appellant and the government is for supply of water, for which charges are paid based on volume drawn, and it is not a case of assignment of right to use natural resources. Regarding re-availment of Cenvat credit subsequent to change of option u/r 6(3) of the Cenvat Credit Rules, 2004, the appellant had intimated the department, and no suppression can be alleged. Therefore, the demand of Rs. 183,09,57,095/- is set aside. Concerning Cenvat credit availed on invoices after one year of issuance, the appellant had shown it in the ER-1 return, and no .........
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