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October 2014

2014 (35) STR 529 (Tri. – Ahmd.) Patel Air Freight vs. Commr. Of C.Ex. & Service Tax, Vadodara

By Puloma Dalal, Jayesh Gogri, Mandar Telang Chartered Accountants
Reading Time 1 mins
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In case of invoices paid after availing discounts, is CENVAT Credit available in full or proportionately? Held in view of facts, full credit would be available.

Facts:
The appellants had availed full CENVAT Credit on discounted invoices. The Revenue contended that CENVAT credit should be allowed proportionally. The appellants relied on Circular No. 877/15/2008-CX, dated 17th November, 2008 and Circular No. 122/3/2010- ST, dated 30th April, 2010 which clarified that CENVAT Credit will be available for such amount which has been paid as Excise Duty/Service tax whether at full value or proportionate value.

Held:
There was no evidence brought to prove that reduced service tax was paid. Also, CENVAT credit was availed of amount paid as service tax, full credit was held as available in view of the above refered circulars.

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