2013 (8) TMI 917 - AT - Service Tax

Summary

Issues involved: Interpretation of CENVAT credit eligibility u/s service tax law for shared services among multiple firms, procedural compliance in credit transfer, imposition of interest and penalty.

Interpretation of CENVAT credit eligibility:
The appellant occupied premises with other chartered accountant firms and availed input services like Housekeeping, Security, Xerox, and Rent services. The appellant took credit of service tax paid on these services and transferred the credit to the other firms. Proceedings were initiated against the appellant, questioning the eligibility of the appellant for CENVAT credit not proportionate to them, which was transferred to other firms. The conclusion was reached that the appellant is not eligible for the credit not attributable to them proportionately, resulting in the denial of credit, along with interest and penalty imposition.

Procedural compliance in credit transfer:
The issue arose due to the appellant choosing to take the credit in their books for the entire amount of service tax paid, even though the services received were only proportionate to their occupancy. The correct procedure would have been to obtain invoices in the name of individual firms proportionate to the services rendered to them. It was emphasized that all the 4 firms were eligible for the credit taken, and the total amount taken was not found to be inadmissible credit, except for the proportionate part. The key issue was identified as a procedural one, highlighting the importance of following the correct procedure in credit transfer to avoid discrepancies.

Imposition of interest and penalty:
After considering both sides, it was determined that the appellant had a case for waiver, as the issue primarily revolved around procedural compliance rather than ineligibility for credit. Therefore, the requirement of pre-deposit was waived, and a stay against recovery was granted during the pendency of the appeal. This decision was made to address the procedural error in credit transfer and to ensure fairness in the application of CENVAT credit rules.