Ms Earthcon Construction P Ltd vs Ce & Cgst Noida on 6 August, 2025
In the case of Hyundai Motor India (P) Ltd Vs. CCE
reported (29) G.S.T.L. 452 (T), the demand of service tax was
set aside on the ground of revenue neutrality. The said decision
of this Tribunal has been up held by Hon'ble Supreme Court
reported in 2020 (32) G.S.T.L. J54 (SC). We agree with the
Appellants contention that they are eligible for Cenvat credit of
the amount payable as service tax on reverse charge basis on
availing legal services and works contract services. As per table
3 of the impugned order, Appellants had paid service tax Rs.3.22
crore during 2012-13 to 2016-17, besides payment of Rs.65
lakhs during investigation. Therefore if appellants had paid the
said amount of Rs.19.66 lakhs on reverse charge basis, it would
have availed its Cenvat credit and the corresponding payment of
service tax through PLA would have been lesser. Therefore the
entire exercise is revenue neutral. We therefore set aside the
demand of Rs.19,65,925/- on the ground of revenue neutrality.