If upon a misconception of the legal position, the assessee had paid the tax which he was not liable to pay, then availing Cenvat credit of the same cannot be termed as illegal
Court :
High Court of Madras
Brief :
The Hon’ble High Court of Madras has held that if, upon a misconception of the legal position, the assessee had paid the tax that he was not liable to pay and such assessee also happens to be an assessee entitled to certain Cenvat credit, the availing of the said benefit cannot be termed as illegal. Hence, the above case was decided in the favour of the Respondent.
Citation :
The Commissioner of Central Excise, And Service Tax Large Taxpayer Unit Vs. Tamilnadu Petroproducts Ltd, The Customs Excise And Service Tax Appellate Tribunal
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Bimal Jain
Published in Service Tax
Views : 1986
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