Raja Abhishek For NIRC 2024

@abhishekrajaram

over 1 year 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—˜š—”š—©š—”š—§ š—–š—æš—²š—±š—¶š˜ š—®š—»š—± š—˜š˜…š—²š—ŗš—½š˜š—²š—± š—¦š—²š—æš˜ƒš—¶š—°š—²š˜€ šŸ“¢ The Tribunal ruled: "Services on which no service tax is leviable under the Act are included as exempted services, and reversal of credit is required under Rule 6(3)(1) of the CENVAT Credit Rules."

šŸ” š—™š—®š—°š˜š˜€: Company: Alstom T & D India Ltd š—œš˜€š˜€š˜‚š—²:Whether the appellant must pay an amount equal to 6% of the value of exempted services?

āš–ļø š—š˜‚š—±š—“š—²š—ŗš—²š—»š˜: The Tribunal upheld the demand, confirming that services rendered to Chennai Airport were rightly considered exempted. The demand of 6% of the value of exempted services, along with interest, was upheld. However, penalties were waived under section 80 of the Finance Act, 1994, as no suppression of facts was found.

šŸ“œ š—–š—®š˜€š—² š—œš—»š—³š—¼š—æš—ŗš—®š˜š—¶š—¼š—»: š—§š—¶š˜š—¹š—²: Alstom T & D India Ltd vs. Commissioner of GST & Central Excise š—¦š—²š—æš˜ƒš—¶š—°š—² š—§š—®š˜… š—”š—½š—½š—²š—®š—¹ š—”š—¼.41463 of 2014 š—¢š—æš—±š—²š—æ š——š—®š˜š—²: 01 February 2024

This ruling emphasizes that services with no service tax liability are classified as exempt, requiring reversal of CENVAT credit.

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