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No reversal of Cenvat credit if output service was taxed before receipt of completion certificate

January 5, 2019[2019] 101 461 (Ahmedabad - CESTAT)

GST/Excise/ST/VAT: Where assessee was engaged in development of real estate projects and it availed cenvat credit of service tax paid on various input services used to construct residential complex and it obtained Completion Certificate for residential projects on 24-2-2014 and it had given due intimation to Competent Authority that it shall be availing only proportionate cenvat credit of service tax paid on input service received after date of obtaining Completion Certificate and revenue issued on it notice demanding 8 per cent/10 per cent amount of sale of immovable property after obtaining completion certification, assessee was not liable to pay an amount equal to 8 per cent/10 per cent of sale price of immovable property after receipt of Completion Certificate and it was also not required to reverse any credit which was availed by it during period when output service was wholly taxable in its hands

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