TaxTMI 
TaxTMI 
2026 (10) TMI 574
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....t and providing construction of residential complex serice. During the course of audit, it was observed that the appellant had paid service tax on receipt of booking amount as well as installments with respect to services rendered for sale of flats whereas the same was payable on due basis as per schedule of installments mentioned in the scheduled agreements of flats in accordance with the provisions of Point of Taxation Rules, 2011 and they have not paid the service tax. Further the appellant has wrongly availed CENVAT credit of Rs.1,26,205/- on exempted services, i.e., flats constructed for economically weaker sections (EWS), projects in violation of rule 6(1) of the CENVAT Credit Rules, 2004, the excess carrying forwarded closing balance....
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....vice tax was confirmed along with interest, penalty was also imposed. Against the said order, the appellant is before us. 4. The learned counsel for the appellant submits that the appellant was having sufficient balance in their CENVAT credit account on 30.06.2017 of Rs.62,30,327/- and demand of service tax has been confirmed against them by way of impugned order is Rs.54,59,669/-, if the same is adjusted no demand is sustainable against the appellant. With regard to closing balance of Rs.62,30,327/- as on 30.06.2017, the same is required to be adjusted. 4.1 To support this contention they relied on the decision of Uttranchal Cable Network vs Commission of Customs, Central Excise and Service Tax, Uttarakhand vide Final Order No. 51902....
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....ouses up to a carpet area of 60 sq. mts. in housing projects approved by the competent authority under the affordable houses in partnership with the competent authority for the Urban Mission of Pradhan Mantri Awas Yojana or any housing scheme of the State. 4.5 With regard to wrong availment of CENVAT credit of Rs.1,17,1664/- it is the submission that the accountant inadvertently accounted the CENVAT credit balance of education cess and higher education cess in the opening balance of the CENVAT credit. 4.6 Without prejudice to all this, it is a submission that there was credit balance in their CENVAT credit account on 30.06.2017 of Rs.62,30,327/-. If the same is considered, the whole of the demand of service tax and the amount of wrong....