Raja Abhishek For NIRC 2024
3 months ago
๐๐๐ฆ๐ง๐๐ง ๐๐ต๐ฒ๐ป๐ป๐ฎ๐ถ ๐ฅ๐๐น๐ถ๐ป๐ด ๐ผ๐ป ๐๐ฒ๐ป๐๐ฎ๐ ๐๐ฟ๐ฒ๐ฑ๐ถ๐ ๐๐ฒ๐ป๐ถ๐ฎ๐น ๐๐ฎ๐๐ฒ๐ฑ ๐ผ๐ป ๐๐ป๐๐ผ๐ถ๐ฐ๐ฒ ๐ก๐ฎ๐บ๐ฒ ๐ข The Tribunal held: "Credit cannot be denied solely because invoices bear the vehicle owner's name; this is a procedural infraction that does not justify credit disallowance."
๐ ๐๐ฎ๐ฐ๐๐: ๐๐ผ๐บ๐ฝ๐ฎ๐ป๐: M/s. United India Insurance Company Ltd ๐๐๐๐๐ฒ: Can credit be disallowed if invoices list the vehicle ownerโs name instead of the assesseeโs? ๐๐ฐ๐๐ถ๐๐ถ๐๐: CENVAT credit was disallowed for service tax on motor vehicle repairs, as invoices listed the names of vehicle owners rather than the appellant.
โ๏ธ ๐๐๐ฑ๐ด๐ฒ๐บ๐ฒ๐ป๐: The Tribunal ruled that listing the vehicle ownerโs name on invoices is a procedural issue and does not justify denying CENVAT credit, as the appellant is otherwise eligible. The Commissioner (Appeals) correctly allowed credit, and the refund was sanctioned. The appeal was allowed, dismissing the Department's appeal.
๐๐ฎ๐๐ฒ ๐๐ป๐ณ๐ผ๐ฟ๐บ๐ฎ๐๐ถ๐ผ๐ป: ๐ง๐ถ๐๐น๐ฒ: M/s. United India Insurance Company Ltd vs. Commissioner of GST and Central Excise ๐ฆ๐ฒ๐ฟ๐๐ถ๐ฐ๐ฒ ๐ง๐ฎ๐ ๐๐ฝ๐ฝ๐ฒ๐ฎ๐น ๐ก๐ผ. 40613 of 2013 ๐ข๐ฟ๐ฑ๐ฒ๐ฟ ๐๐ฎ๐๐ฒ: 26 October 2023 ๐ This ruling confirms that procedural infractions on invoices, like naming the vehicle owner, do not justify CENVAT credit denial.
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