Abhishek Raja "Ram"
8 months ago
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š¦š²šæšš¶š°š² š§š®š ā ššš¦š§šš§ ššµšŗš²š±š®šÆš®š±: šš²š»šš®š ššæš²š±š¶š šš±šŗš¶ššš¶šÆš¹š² š³š¼šæ š”š¼š»-š§š®š š®šÆš¹š² š¢ššš½šš š¦š²šæšš¶š°š² š¶š³ š¦š²šæšš¶š°š² š§š®š š¶š š£š®š¶š± š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: "Cenvat credit is available for input services used in non-taxable output services on which service tax is paid, as it creates a revenue-neutral situation."
š šš®š°šš: šš¼šŗš½š®š»š: Gautam Freight Private Limited ššššš²: The issue was whether export cargo handling services qualify for Cenvat credit despite being non-taxable under Port or Cargo Handling Service. šš°šš¶šš¶šš: The appellant provided export cargo handling services, paid service tax on such services, and availed Cenvat credit for service tax paid on relevant input services.
āļø ššš±š“š²šŗš²š»š: The Tribunal ruled that Cenvat credit is admissible for input services used in non-taxable output services, as long as service tax has been paid. Despite export cargo handling services being non-taxable, the appellant paid more service tax than the Cenvat credit availed, leading to a revenue-neutral situation. The case was remanded for verification.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: Gautam Freight Pvt. Ltd. vs. Commissioner of Central Excise ā Service Tax š¢šæš±š²šæ šš®šš²: 28 November 2022 š This ruling underscores that payment of service tax on non-taxable services may entitle taxpayers to Cenvat credit, especially in cases of revenue-neutral outcomes.
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