
Raja Abhishek For NIRC 2024
over 1 year ago
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ššš¦š§šš§ ššµš²š»š»š®š¶ š„šš¹š¶š»š“ š¼š» šššš¶š»š²šš ššš š¶š¹š¶š®šæš š¦š²šæšš¶š°š², š§š²š°šµš»š¶š°š®š¹ šš»šš½š²š°šš¶š¼š», š®š»š± šš§š š¦š²šæšš¶š°š²š š¢ The Tribunal held: "Even if the appellant paid tax on GTA services, they would be eligible for CENVAT credit. The situation being revenue-neutral, the extended period cannot be invoked."
š šš®š°šš: šš¼šŗš½š®š»š: M/s. Veera Creations ššššš²: Whether the appellant is liable to pay service tax under BAS, Technical Inspection and Certification Service, and GTA Service?
šš°šš¶šš¶šš: The appellant is a manufacturer and exporter of knitted garments, receiving payments from M/s. Bonprix, Germany through M/s. JPS Trading, Dubai. Deductions for bonuses and inspection charges led to a show-cause notice alleging service tax liability under "Business Auxiliary Service" (BAS), "Technical Inspection and Certification Service," and "GTA Service."
āļø ššš±š“š²šŗš²š»š: The Tribunal ruled that the deductions in invoices were not payments to M/s. Fashion Force, making the demand under BAS and Technical Inspection Services baseless. For GTA services, the appellant would be eligible for CENVAT credit, creating a revenue-neutral situation, and thus the extended period could not be invoked.
šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: M/s. Veera Creations vs. The Commissioner of GST & Central Excise š¦šš„š©ššš š§šš« šš£š£ššš š”š¼.42479 OF 2014 š¢šæš±š²šæ šš®šš²: 11 January 2024 š This ruling confirms that in revenue-neutral situations, the extended period for service tax demands cannot be invoked.
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