Abhishek Raja "Ram"

@abhishekrajaram

8 months ago

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š—–š—˜š—¦š—§š—”š—§ š—–š—µš—²š—»š—»š—®š—¶ š—„š˜‚š—¹š—¶š—»š—“ š—¼š—» š—–š—²š—»š˜ƒš—®š˜ š—–š—æš—²š—±š—¶š˜ š—®š—»š—± š—”š—±š˜ƒš—®š—»š—°š—²š˜€ š—Øš—»š—±š—²š—æ š—¦š—²š—æš˜ƒš—¶š—°š—² š—§š—®š˜… šŸ“¢ š—§š—µš—² š—§š—æš—¶š—Æš˜‚š—»š—®š—¹ š—µš—²š—¹š—±: "Cenvat Credit cannot be denied for lack of signatures on computer-generated invoices. However, Service Tax demand on advances was upheld due to lack of evidence supporting their refundable nature."

šŸ” š—™š—®š—°š˜š˜€: š—£š—®š—æš˜š—¶š—²š˜€: M/s. Cable Vision vs. The Commissioner of Central Excise and Service Tax š—œš˜€š˜€š˜‚š—²: CENVAT credit denial: unsigned invoices/photocopies; Service tax on advances? š—”š—°š˜š—¶š˜ƒš—¶š˜š˜†: The appellant claimed CENVAT Credit but was denied due to unsigned invoices. Additionally, a demand for Service Tax on advances was contested, asserting they were refundable deposits.

āš–ļø š—š˜‚š—±š—“š—²š—ŗš—²š—»š˜: The Tribunal ruled that CENVAT credit cannot be denied due to unsigned computer-generated invoices or photocopies. However, the appellant failed to prove advances were refundable deposits, so the Service Tax demand on advances was upheld. Penalties were set aside as the appellant acted in bona fide doubt. Appeal partly allowed.

š—–š—®š˜€š—² š—œš—»š—³š—¼š—æš—ŗš—®š˜š—¶š—¼š—»: š—§š—¶š˜š—¹š—²: M/s. Cable Vision vs. The Commissioner of Central Excise and Service Tax š—¢š—æš—±š—²š—æ š——š—®š˜š—²: 27 February 2023 šŸ“œ This ruling highlights that procedural shortcomings, like unsigned invoices, cannot deny CENVAT Credit, but claims regarding refundable deposits require proper documentation to avoid tax liability.

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