2014 (1) TMI 1654 - HC - Service Tax

Attachment of bank account - Held that - Since Revenue prays for time to file affidavit-in-reply. Affidavit-in-reply shall be filed by 11 February 2014 ad interim stay granted on 15 January 2014 to continue in the same terms i.e. the respondent shall permit the appellant to operate the bank account with specific instruction to the banker that the appellant shall maintain minimum credit balance of Rs. 70 lakhs in its Bank Account. Accordingly attachment will continue to the extent of Rs. 70 lakhs in the appellant s bank account.

Summary

Issues:
1. Correctness of Cenvat credit distribution by Merck.
2. Qualification of services as input services for excise duty.
3. Denial of Cenvat credit for Service Tax paid.
4. Allegation of suppression of information for evading duty.

Analysis:
1. The first issue revolves around the correctness of Cenvat credit distribution by Merck. The High Court is examining whether the Appellate Tribunal erred in holding that the distribution of Cenvat credit by Merck did not comply with Rule 2(m) in conjunction with Rule 7 of the Cenvat Credit Rules, 2004. The crux of this matter lies in determining the legality and procedural adherence of the credit distribution mechanism by Merck.

2. Moving on to the second issue, the Court is evaluating whether all the services for which credit was distributed by Merck qualify as input services and consequently form part of the assessable value of goods for excise duty purposes. This analysis involves a detailed examination of the nature of services, their linkage to the production process, and their impact on the determination of excise duty liability.

3. The third issue pertains to the denial of Cenvat credit for Service Tax paid on the service in question. The Court is tasked with determining whether the Appellate Tribunal's decision to deny the credit was justified, especially in light of the appellants' payment of excise duty based on the price determined by Merck, which allegedly includes all costs of the input services. This issue delves into the intricacies of Cenvat credit eligibility and the interplay between different tax components.

4. Lastly, the Court is addressing the allegation that the appellants suppressed information with the intention of evading duty. This accusation is significant as it relates to the imposition of duty for an extended period under Rule 14 of CCR read with Section 11A of the Central Excise Act, 1944. The Court will scrutinize the evidence and circumstances to determine the presence of mala fide intent and deliberate evasion of duty obligations.

In conclusion, the High Court's judgment will play a crucial role in clarifying the legal intricacies surrounding Cenvat credit distribution, the treatment of services as input services for excise duty purposes, the denial of Cenvat credit for Service Tax paid, and the serious allegation of information suppression for evading duty obligations. The outcome of this case will have implications for the broader understanding of tax compliance and credit mechanisms in the excise duty framework.