Assessee not liable to reverse CENVAT credit on amount written off as bad debts

Last updated: 21 January 2022

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The CESTAT Chandigarh has ruled that companies are not required to reverse CENVAT credit on amounts written off as bad debts. The tribunal found no provision in the CENVAT Credit Rules or Finance Act that mandates such reversal when consideration for services is not received. Consequently, the order demanding reversal of CENVAT credit for bad debts and denying credit on certain IRCTC services was set aside.

Court :
CESTAT Chandigarh

Brief :
The Hon'ble CESTAT Chandigarh in SBI Cards and Payments Services Pvt. Ltd. v. Commissioner of Service Tax, Delhi [Service Tax Appeal No. 55319 of 2013 with 50192 of 2015 dated January 4, 2022] set aside the order confirming the demand for reversal of CENVAT credit on the amount written off as bad debts. Further, held that there is no such provision in the CENVAT Credit Rules, 2004 ("the CENVAT Credit Rules") or in the Finance Act, 1994 ("the Finance Act") for reversal of CENVAT credit for the services provided for which no consideration for service provided is received by an assessee.

Citation :
Service Tax Appeal No. 55319 of 2013 with 50192 of 2015 dated January 4, 2022

Daily Limit Reached