2011 (7) TMI 299 - AT - Central Excise

Cenvat credit - Demand - commission agent service received - The appellants submitted that the issue is settled now in favour of the appellants in view of the decisions of the Hon ble High Court of Mumbai in the case of Coca Cola India Pvt. Ltd. 2009 -TMI - 34433 - BOMBAY HIGH COURT - According to these decisions, service tax credit taken in respect of services relating to business activity is admissible and the commission agents are engaged in the activity of promoting sales of the goods manufactured by the appellants and therefore such credit is admissible - Decided in favour of assessee.

Summary

Issues: Challenge to demand for service tax credit on commission agent service, interest, and penalty imposed.

Analysis:

Issue 1: Admissibility of service tax credit on commission agent services

The appellants contested the demand for service tax credit on commission agent services, arguing that such credit is admissible based on legal precedents. The appellants relied on decisions of the Hon'ble High Court of Mumbai and this Tribunal to support their claim. The appellants emphasized that commission agents play a crucial role in promoting sales of goods manufactured by them, making the service tax credit admissible. The Revenue, however, contended that the commission paid to agents was not part of the transaction value and should not be considered for credit. The Revenue cited previous Tribunal decisions to support their stance.

Issue 2: Interpretation of nexus with manufacturing activity

The Tribunal analyzed the arguments presented by both sides regarding the nexus of commission agent services with manufacturing activity. The Tribunal noted discrepancies in the grounds for the demand presented in the show cause notice and the conclusions drawn by the Commissioner (Appeals). The Tribunal highlighted that the show cause notice did not specifically address the nature of the commission as a discount. The appellants clarified that the commission was for sales promotion services provided by selling agents, which were subject to service tax. The Tribunal emphasized that the demand should be based on the grounds stated in the show cause notice and the appellants' submissions.

Issue 3: Applicability of legal precedents

The Tribunal examined the applicability of legal precedents, specifically the decisions of the Hon'ble High Court of Mumbai and this Tribunal. The Tribunal found the decisions cited by the appellants to be relevant to the case, as they emphasized the inclusive nature of input services related to business activities. The Tribunal highlighted that sales promotion activities are integral to business operations and, therefore, eligible for service tax credit. In contrast, the Tribunal dismissed the relevance of the Tribunal decisions cited by the Revenue, as they did not consider the higher court rulings.

Conclusion:

After thorough consideration of the arguments and legal precedents, the Tribunal ruled in favor of the appellants, allowing the appeal and granting consequential relief. The Tribunal emphasized the importance of sales promotion activities in business operations and upheld the admissibility of service tax credit on commission agent services based on the established legal principles.