2011 (2) TMI 1130 - HC - Service Tax

CENVAT credit denied - Input Service Distributor - whether when service tax is paid in respect of services obtained by a unit at Cuttack whether such a credit of the said service tax paid cannot be utilized by a unit at Malur belonging to the same manufacturer? - Held that - The law mandates that the manufacturer who wants to avail the benefit of this service tax if he has more than one unit he should also get registered himself as a service provider and then, he would be able to collect all the input service tax paid in all its units and accumulate them at its head office and distribute the said credit to its various units. Merely because the input service tax is paid at a particular unit and the benefit is sought to be availed at another unit, the same is not prohibited under law - Decided in favor of the assessee

Summary

Issues:
1. Interpretation of Rule 3(1) and Rule 7 of CENVAT Credit Rules, 2004 regarding the distribution of CENVAT credit.
2. Whether service tax paid in one unit can be utilized by another unit belonging to the same manufacturer.

Issue 1: Interpretation of Rule 3(1) and Rule 7 of CENVAT Credit Rules, 2004 regarding the distribution of CENVAT credit:

The case involved a dispute over the interpretation of Rule 3(1) and Rule 7 of the CENVAT Credit Rules, 2004 regarding the distribution of CENVAT credit. The appellant, a manufacturer of excisable goods, had availed service tax credit based on services received by their head office in Chennai and distributed to their units. The Revenue contended that the credit availed did not comply with Rule 3(1) as the services were not used in or in relation to the manufacture of finished goods or in relation to their manufacturing unit. The Commissioner and the Assistant Commissioner upheld the Revenue's view, leading to an appeal by the assessee to the tribunal. The tribunal, relying on Rule 7 and a circular, held that the restrictions imposed did not apply to the case and allowed the appeal, setting aside the previous orders.

The tribunal clarified that an input service distributor, as defined under Rule 2(m), can distribute CENVAT credit subject to specific conditions outlined in Rule 7. The restrictions mentioned in Rule 7 were limited to the amount of service tax paid and the exclusion of credit for services used in units exclusively engaged in exempted activities. The Board's circular further emphasized these limitations, confirming that a manufacturer with multiple units can distribute the credit as per the rules. Therefore, the tribunal's decision was deemed legal and valid, as the manufacturer had followed the prescribed procedures for distributing the input service credit.

Issue 2: Whether service tax paid in one unit can be utilized by another unit belonging to the same manufacturer:

The second issue revolved around whether service tax paid in one unit could be utilized by another unit belonging to the same manufacturer. The Revenue argued that since the service tax was paid in connection with the unit at Cuttack and sought to be availed by the unit at Malur, where the products were manufactured, the assessee was not entitled to the CENVAT credit. However, the assessee contended that as per the rules and definitions of input service and input service distributor, there was no legal requirement for the unit that paid the tax to be the sole beneficiary of the credit. The manufacturer, having multiple units, could register as an input service distributor and distribute the credit as per Rule 7, except for the specified limitations.

In conclusion, the High Court dismissed the Revenue's appeal, upholding the tribunal's decision that the manufacturer had followed the legal provisions for distributing the service tax credit among its units. The judgment clarified the rules governing the distribution of CENVAT credit and affirmed the manufacturer's entitlement to distribute the credit among its units, regardless of the unit where the service tax was initially paid.