2013 (4) TMI 272 - AT - Service Tax

Entitlement to utilize the centralized CENVAT credit account for payment of service tax liability denied - assessee engaged in Commercial or Industrial Construction Service and Construction of Complex Services - demand confirmed against assessee - Held that - As decided in Bharat Heavy Electricals Ltd. Vs. CCE 2012 (4) TMI 197 - CESTAT, MUMBAI wherein held that the appellant are entitled to utilize centralized Cenvat credit for payment of service tax for the service availed under the category of Commercial or Industrial Service and Construction of Complex Services . Non maintenance of separate account of their input/input service received - Held that - As the appellant has been able to produce showing that they are maintaining separate account for input/input service during the impugned period for providing the taxable/exempted services by them he issue is remanded back to the adjudicating authority to ascertain the fact whether the appellant are maintaining separate account for input/input service for providing the output services.

Summary

Issues:
Appeal against service tax demand, Utilization of centralized CENVAT credit account, Maintaining separate accounts for input/input services.

Analysis:
The appellants appealed against the service tax demand of Rs. 14,28,30,465/- along with interest and penalty under Section 78 of the Finance Act, 1994. The case involved the utilization of the centralized CENVAT credit account for payment of service tax liability under the categories of 'Commercial or Industrial Construction Service' and 'Construction of Complex Services'. The appellants contended that they were entitled to use the centralized CENVAT account for these services, citing a previous tribunal decision. Additionally, the issue of maintaining separate accounts for input/input services was raised, with the appellants claiming that they indeed maintained separate project-wise accounts, contrary to what was mentioned in their service tax returns. The Revenue argued that the appellants were not entitled to utilize the centralized CENVAT credit account for these services and demanded Rs. 5,42,11,275/- from the appellants due to this reason and also for not maintaining separate accounts for input/input services.

The Tribunal considered the arguments presented by both sides and referenced the decision in Bharat Heavy Electricals Ltd. vs. CCE, where it was held that the appellants could use the centralized CENVAT credit for the services in question. The Tribunal found the demand of Rs. 5,42,11,275/- unsustainable based on this precedent. Regarding the issue of maintaining separate accounts, the appellants were able to demonstrate before the Tribunal that they indeed maintained separate project-wise accounts for input/input services during the impugned period. As a result, the Tribunal set aside the impugned order and remanded it back to the adjudicating authority to verify the maintenance of separate accounts for input/input services by the appellants. The appellants were directed to cooperate with the adjudicating authority by providing relevant documents to support their claim of maintaining separate accounts.

In conclusion, the appeal against the service tax demand was disposed of with the Tribunal ruling in favor of the appellants regarding the utilization of the centralized CENVAT credit account. The issue of maintaining separate accounts for input/input services was remanded back to the adjudicating authority for further verification, with all other issues being left open for consideration. The appellants were instructed to assist the adjudicating authority by providing necessary documentation to support their claim of maintaining separate accounts for input/input services.