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Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreA voluntary organisation established on 6th July 1949, BCAS has presently more than 9,000 members from all over the country. BCAS is a principle-centered and learning-oriented organisation promoting quality service and excellence in the profession of Chartered Accountancy.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
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Facts:
The appellants claimed refund of unutilised credit of Rs.77,150 for the invoices in the name of the head office which was not registered as service tax distributor. The Adjudicating Authority vide order-in-original rejected the refund claim on the ground that in the absence of registration, head office could not distribute the CENVAT credit to the appellant which was an EOU. The appellants contended that the non-observance of procedure of distribution of credit will not come in the way of the refund of the amount of the credit.
Held:
The Tribunal observed that the appellants had no other units in the relevant division. There was no requirement to follow Rule 7 (Registration as ISD), wherein the appellants had only one manufacturing unit. The eligibility of the appellants as regards availment of the CENVAT credit on the service tax paid on the input services was not questioned by the Commissioner (Appeals). Further, the provisions of Rule 7 of the CENVAT Credit Rules, 2004 come into play only if the appellants wished to get themselves registered as the input service credit distributor, which was not the situation in the instant case. Therefore, the appellants’ claim was allowed by the Tribunal.