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Cenvat Credit on input services allowed if used in the course or furtherance of business

The CESTAT, Hyderabad in the matter of M/s. VITP Private Limited v Commissioner of Central Tax, Hyderabad [Final Order No: A/30070-30073/2022 dated July 08, 2022] set aside the demand of service tax on refundable security deposit on the grounds that security deposit is a refundable deposit, and it cannot be included in the value of taxable service. Further, when there were no services rendered by the assessee towards the termination charges, the demand for termination charges cannot be sustained. Furthermore, it was held that the assessee is entitled to the Cenvat Credit of input services for the construction of immovable property which is further let out to various customers.

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