2011 (9) TMI 852 - HC - Service Tax

Payment of service tax on Import of services reverse charge method utilization of cenvat credit order of the tribunal sustained in which it was held that prior to 19.4.2006 recipient of services who was liable to pay service tax was entitled to avail cenvat credit for the purpose of making payment of service tax on import of services

Summary

Issues:
1. Applicability of Cenvat credit on deemed output service for service tax payment.
2. Dispute regarding the use of Cenvat credit for paying service tax on Intellectual Property Service.
3. Interpretation of the law regarding the liability to pay tax on services received from foreign service providers.
4. Setting aside of penalty by the Tribunal.

Analysis:
1. The case involved a dispute over the applicability of Cenvat credit for paying service tax on deemed output service. The appellant, a company engaged in the manufacture and sale of ready-made garments, utilized Cenvat credit on various input services to discharge service tax liability on Intellectual Property Service received from foreign companies. The Revenue objected to this usage of credit, contending that it was incorrect as the appellant was the service receiver, not the provider. The Tribunal held that the appellant, though a recipient, was deemed a service provider under the law and could use Cenvat credit to pay the tax. Consequently, the Tribunal set aside the Revenue's demand, leading to the Revenue appealing against this decision.

2. The judgment delved into the interpretation of the law concerning the liability to pay tax on services received from foreign service providers. Despite being the service receiver, the appellant was treated as the service provider under the law and was subject to tax payment. The Tribunal justified its decision by allowing the appellant to use the available Cenvat credit to discharge this tax liability. As a result, the High Court found no merit in the Revenue's appeals, emphasizing that since there was no actual tax liability, the question of imposing a penalty did not arise.

3. Additionally, a connected appeal pertained to the setting aside of the penalty by the Tribunal. The High Court noted that there was no merit in this appeal as well. The substantial question of law was resolved in favor of the assessee, indicating that both appeals were dismissed. The judgment concluded by affirming the Tribunal's decision and upholding the allowance of Cenvat credit for the payment of service tax on the deemed output service, ultimately ruling against the Revenue in this matter.