2024 (4) TMI 1334

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....or the Appellant : Shri Tarun Chatterjee, Advocate, Assisted by Shri Raju Mondal, Advocate For the Respondent : Shri K. Chaudhuri, Authorized Representative ORDER [PER SHRI ASHOK JINDAL] The appellant is in appeal against the impugned order wherein the demand of Service Tax has been confirmed against the appellant on reverse charge basis for the period from 2010-11 to 2011-12. 2. Th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....aid order, the appellant is before us. 4. The Ld. Counsel appearing on behalf of the appellant submits that this is a case of revenue neutrality as whatever Service Tax is required to be paid by the appellant under reverse charge mechanism, the appellant is entitled to take CENVAT Credit thereof on the same day. Therefore, he submitted that it being a revenue neutral situation, the extended per....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....However, we note that the extended period of limitation is not invokable in a case of revenue neutrality as held by the Hon'ble Supreme Court in the case of M/s. Jet Airways (India) Ltd. (supra). Hence, following the decision of the Hon'ble Supreme Court in the case of M/s. Jet Airways (India) Ltd. (supra), we hold that being a revenue neutral situation, in the facts and circumstances of the case,....