Abhishek Raja "Ram"
8 months ago
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ššš¦š§šš§ ššµš²š»š»š®š¶ š„šš¹š¶š»š“ š¼š» šš²š»šš®š ššæš²š±š¶š š®š»š± šš±šš®š»š°š²š šØš»š±š²šæ š¦š²šæšš¶š°š² š§š®š š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: "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."
š šš®š°šš: š£š®šæšš¶š²š: M/s. Cable Vision vs. The Commissioner of Central Excise and Service Tax ššššš²: CENVAT credit denial: unsigned invoices/photocopies; Service tax on advances? šš°šš¶šš¶šš: 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.
āļø ššš±š“š²šŗš²š»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.
šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: M/s. Cable Vision vs. The Commissioner of Central Excise and Service Tax š¢šæš±š²šæ šš®šš²: 27 February 2023 š 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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