2012 (10) TMI 937 - AT - Central Excise

CENVAT Credit - sales commission - Nexus with manufacture - Held that - Commissioner in the impugned order has relied upon the decision of the Tribunal in the case of Lanco Industries 2009 (7) TMI 125 - CESTAT, BANGALORE which is directly on the issue involved. Ld. A.R. fairly agrees that in the appeal memorandum filed by the Revenue there is no contrary decision cited nor he is able to cite any decision showing that credit is not admissible. The reliance of the Revenue on decision of Hon ble Bombay High Court in the case of Ultra Tech Cement Ltd. 2010 (10) TMI 13 - BOMBAY HIGH COURT misplaced because sales promotion as a service was not considered in the decision at all. In any case in my view, the commission paid for the selling activity is part of sales promotion and if service tax is leviable for that purpose, credit would be admissible under the broad category of sales promotion which is specifically covered in the definition of input service - Decided against Revenue.

Summary

Issues: Credit of service tax availed for sales commission paid after goods sale; Nexus with manufacture; Admissibility of credit under sales promotion category.

Credit of service tax availed for sales commission paid after goods sale:
The judgment addresses the issue of allowing credit of service tax for sales commission paid post the sale of goods. The Revenue contested the allowance of credit, arguing that the commission payment was not for sales promotion and lacked nexus with the manufacture process. The Commissioner relied on the Tribunal's decision in the Lanco Industries case, which supported the credit. The judge noted that the Revenue failed to provide any contrary decision against the admissibility of credit. The judge reasoned that the commission for selling activities constitutes a part of sales promotion, making it eligible for credit under the input service category. The judge dismissed the Revenue's appeal, emphasizing that the payment for sales promotion services qualifies for service tax credit.

Nexus with manufacture:
Another aspect considered in the judgment was the nexus of the service with the manufacturing process. The Revenue argued that the service provided had no connection with manufacturing as it was rendered after goods removal. However, the judge found that the payment for sales commission, being part of sales promotion, does have a nexus with the manufacturing activity. The judge's analysis focused on the broader category of sales promotion falling under the definition of input service, thereby establishing the link between the service provided and the manufacturing process.

Admissibility of credit under sales promotion category:
The judgment also delved into the admissibility of credit under the sales promotion category. The Revenue's reliance on a decision of the Bombay High Court was deemed misplaced as it did not address sales promotion as a service. The judge reiterated that sales promotion activities, including payment of sales commission, are eligible for service tax credit under the broad category of sales promotion. The judge concluded that the appeal lacked merit, given the clear inclusion of sales promotion within the definition of input service, thereby rejecting the Revenue's appeal.

In summary, the judgment upholds the allowance of credit for service tax on sales commission paid after goods sale, establishes the nexus between the service provided and the manufacturing process, and confirms the admissibility of credit under the sales promotion category, ultimately rejecting the Revenue's appeal.