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June 2016

[2016] 68 taxmann.com 147 (New Delhi-CESTAT) – Commissioner of Central Excise, Delhi- III vs. Fiamm Minda Automotive Ltd.

By Puloma Dalal
Jayesh Gogri
Mandar Telang
Chartered Accountants
Reading Time 1 mins
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The manufacturer is eligible to take CENVAT credit of service tax, inadvertently paid by job worker whose activities are exempt from service tax.

Facts
The Respondent Manufacturer availed CENVAT credit of service tax charged and collected by the job workers. CENVAT credit was denied contending that such services were not liable to service tax.

Held
Tribunal observed that job workers were registered with service tax department and paid service tax which was accepted and retained as statutory dues by department. Also proper invoices evidencing service tax payment were issued. It was therefore held that when service tax is paid by the service provider and the CENVAT credit thereof is availed by recipient of service in conformity with statutory provisions, such credit cannot be denied at recipient’s end merely on the ground that activities were exempt from service tax.

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