Raja Abhishek For NIRC 2024
about 1 month ago
๐๐๐ฆ๐ง๐๐ง ๐ก๐ฒ๐ ๐๐ฒ๐น๐ต๐ถ ๐ฅ๐๐น๐ถ๐ป๐ด ๐ผ๐ป ๐ฆ๐ฒ๐ฟ๐๐ถ๐ฐ๐ฒ ๐ง๐ฎ๐ ๐๐ถ๐ฎ๐ฏ๐ถ๐น๐ถ๐๐ ๐ณ๐ผ๐ฟ ๐ฆ๐ฒ๐ฟ๐๐ถ๐ฐ๐ฒ๐ ๐ฃ๐ฟ๐ผ๐๐ถ๐ฑ๐ฒ๐ฑ ๐ถ๐ป ๐๐ฎ๐บ๐บ๐ & ๐๐ฎ๐๐ต๐บ๐ถ๐ฟ ๐ข ๐ง๐ต๐ฒ ๐ง๐ฟ๐ถ๐ฏ๐๐ป๐ฎ๐น ๐ต๐ฒ๐น๐ฑ: โConsulting engineering services provided in Jammu & Kashmir are outside taxable territory, hence service tax cannot be levied. Further, minor address discrepancies on invoices do not disqualify Cenvat credit if the appellant exists at the location mentioned.โ
๐ ๐๐ฎ๐ฐ๐๐: ๐๐ผ๐บ๐ฝ๐ฎ๐ป๐: M/s Segmental Consulting & Support Services Pvt. Ltd. ๐๐๐๐๐ฒ: Is service tax applicable on services rendered in Jammu & Kashmir, and is Cenvat credit valid despite address discrepancies? ๐๐ฐ๐๐ถ๐๐ถ๐๐: Provided consulting engineering services for a road project in Jammu & Kashmir.
โ๏ธ ๐๐๐ฑ๐ด๐ฒ๐บ๐ฒ๐ป๐: The Tribunal ruled that services in J&K are outside the taxable jurisdiction, making the demand for service tax invalid. Cenvat credit was upheld as the appellantโs presence was confirmed at the invoiced address, even though it differed from the registered one. The extended period for demand was not justified due to regular filings and lack of suppression intent by the appellant. Penalties were also dismissed.
๐๐ฎ๐๐ฒ ๐๐ป๐ณ๐ผ: ๐ง๐ถ๐๐น๐ฒ: M/s Segmental Consulting & Support Services Pvt. Ltd. vs. Commissioner of Service Tax, Delhi โ III ๐ฆ๐๐ฅ๐ฉ๐๐๐ ๐ง๐๐ซ ๐๐ฃ๐ฃ๐๐๐ ๐ก๐ข. 51616 OF 2017 ๐ข๐ฟ๐ฑ๐ฒ๐ฟ ๐๐ฎ๐๐ฒ: 10 July 2023 ๐ This ruling reinforces that services rendered in Jammu & Kashmir fall outside the service tax ambit and minor address inconsistencies on invoices do not invalidate Cenvat credit.
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