2012 (5) TMI 539 - AT - Central Excise

Disallowance of CENVAT Credit - commission paid to consignment agent Held that - services used for sales promotion is specifically included in the definition of input services as defined under Rule 2(l) of Cenvat Credit Rules, 2004. Therefore, there is no merit in the case made out by Revenue. Therefore after waiving the requirement of pre-deposit of dues for admission of appeal the appeal itself is taken up for disposal and the same is allowed following the precedent decision in favour of the appellant in their own case 2012 (10) TMI 762 - CESTAT, NEW DELHI - Decided in favour of assessee.

Summary

Issues:
1. Whether services of commission agents qualify as input services under Cenvat Credit Rules, 2004.

Analysis:
The case involved the Appellants, who are manufacturers of steel tubes, pipes, and PVC pipes, claiming Cenvat credit for service tax paid on services rendered by commission agents for promoting their sales. The Revenue contended that commission agent services did not fall under the definition of input services as per Section 2(l) of the Cenvat Credit Rules, 2004. Consequently, the Revenue issued Show Cause Notices and confirmed duty demands for two periods, disallowing the Cenvat credit claimed by the Appellants.

The Appellants argued that a previous Tribunal decision in their favor supported their claim, requesting the appeal to proceed without pre-deposit of dues. The authorized representative highlighted the similarity between the present case and the previous decision, emphasizing the need for consistency in judgments. The ld. AR for the Revenue failed to distinguish the facts of the current case from the precedent set by the Tribunal.

Upon examination, the presiding judge noted that services utilized for "sales promotion" were explicitly included in the definition of input services under Rule 2(l) of the Cenvat Credit Rules, 2004. Consequently, the judge found no merit in the Revenue's case and decided in favor of the Appellants. The judge waived the pre-deposit requirement for admission of the appeal and proceeded to allow the appeal, following the precedent decision in favor of the Appellants based on the inclusion of sales promotion services as valid input services.

In conclusion, the judge disposed of both the stay petition and the appeal in favor of the Appellants, emphasizing the inclusion of services used for sales promotion within the ambit of input services as defined by the Cenvat Credit Rules, 2004. The judgment reaffirmed the Appellants' entitlement to claim Cenvat credit for service tax paid on commission agent services, aligning with the precedent set in their own case and upholding consistency in legal interpretation.