Abhishek Raja "Ram"
8 months ago
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ššš¦š§šš§ š”š²š šš²š¹šµš¶ š„šš¹š¶š»š“ š¼š» šš±šš®š»š°š²š š®š»š± ššš”š©šš§ ššæš²š±š¶š š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: "Advances adjusted with fees cannot be treated as security deposits and are liable to service tax. CENVAT credit on materials used for taxable services is rightly availed."
š šš®š°šš: šš¼šŗš½š®š»š: Applied Solar Technologies (India) Pvt. Ltd. ššššš²: Whether the appellant is liable for service tax on advances and irregular CENVAT credit availed. šš°šš¶šš¶šš: Hybrid solar power provider faced a show-cause notice for unpaid service tax on advances and alleged irregular CENVAT credit claims.
āļø ššš±š“š²šŗš²š»š: The Tribunal held that advances adjusted against future fees are taxable, while CENVAT credit on materials for taxable services was correctly availed. The appeal was partly allowed, upholding CENVAT credit eligibility and addressing the service tax liability on advances.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: Applied Solar Technologies (India) Pvt. Ltd. vs. Commissioner, CGST (Audit-II) š¢šæš±š²šæ šš®šš²: 20 January 2023 š This ruling clarifies the treatment of advances and eligibility of CENVAT credit for businesses.
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