CENVAT utilisation - Improper Registration
This query is : Resolved
01 December 2009
Hi experts,
Company follows centralised accounting system.Registration with the service tax department was not done for the branches.Services rendered from branches were accounted at the centralised location,tax due thereon collected & paid . CENVAT on input services at branches were taken & adjusted against total payable.Dept.is now objecting to taking the CENVAT credit since registration is 'improper'. Do we have any case laws to rely upon or is the Dept.stand correct ? Pls help.
Company follows centralised accounting system.Registration with the service tax department was not done for the branches.Services rendered from branches were accounted at the centralised location,tax due thereon collected & paid . CENVAT on input services at branches were taken & adjusted against total payable.Dept.is now objecting to taking the CENVAT credit since registration is 'improper'. Do we have any case laws to rely upon or is the Dept.stand correct ? Pls help.
02 December 2009
Denial would not sustain in law. If SCN issued then relief can be expected only at appellate level. Technical errors not to deny substantial benefit under law.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Where to show the RCM on Rent paid to unregistered landlord
- Is Aadhar PAN linking required for opening bank account?
- Applicability
- CPC Processing IT Return for AY 2023-24 without recognizing the Taxation Option under New Regime
- Offsetting interest income against derivative trading losses
- Application of 115BAC
- RCM - commercial rent paid to URP under GST
- Gst Sales of FY 2023-24
- GSTR-3B - Do I file nil when there is no sale but I've bought raw materials
- TDS NUMBER SURRENDER
- DELIVERY BY CREDITOR
- Cgst and Sgst liability set off
- Doubt in Form AOC 4
- Issue of gst e invoice
- Interchangeable words in accounts
- Adjusted profit/Loss in the case of LLP and Pvt. Ltd.company
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
- Query for dubts
Trending Online Classes
-
Excel Mastery Program
CA Rishabh Pugalia
CAclubindia
