2015 (10) TMI 1927 - AT - Service Tax

Claim of CENVAT Credit - input service of rent used for providing Services of Motor Vehicles - revenue contents that part of the total area taken on lease was used for activities other than taxable services and proposed to reverse proportionate credit - Held That - Taking into consideration of the leased area used for providing taxable service, the relevant service tax paid in respect of lease rent for that area should be allowed as Cenvat credit. - Rule 6(3) shall not apply - Applied when there is use of common input without maintenance of account - No suspicion shall deny the CENVAT credit suffered on rent paid Appeal allowed and no penalty charged Decided in favour of Appellant.

Issues involved: Interpretation of Lease Deed for availing service tax credit, application of Rule 6(3) of Cenvat Credit Rules, 2004 for determining rent and service tax payable, allowance of Cenvat credit for service tax paid on leased area used for taxable service, imposition of penalty.

Analysis:

Interpretation of Lease Deed for availing service tax credit:
The appellant argued that a specific area in the Lease Deed was earmarked for providing taxable service of servicing vehicles. The Lease Deed clearly specified the sq.ft. area for this purpose, and the appellant claimed entitlement to service tax credit based on the rent payable for this area. Both authorities below were criticized for not examining the Lease Deed properly, which according to the appellant, entitled them to avail a part of the leased premises for providing taxable service. The Tribunal noted that the Lease Deed categorically mentioned the areas of the building leased to the appellant, including an earmarked area for providing motor vehicle services. The Tribunal emphasized the importance of the Lease Deed as the basic document for availing space to carry out the servicing activity, and ruled in favor of the appellant's claim for service tax credit based on the Lease Deed.

Application of Rule 6(3) of Cenvat Credit Rules, 2004:
The Revenue contended that the formula prescribed by Rule 6(3) of Cenvat Credit Rules, 2004 should be applied to determine the quantum of rent and service tax payable for granting input service credit. However, the Tribunal observed that Rule 6(3) applies when there is common input usage without maintaining accounts. In this case, the Lease Deed clearly specified the type and area of the building used for the respective purpose, eliminating confusion in allocating the area used for providing taxable service. The Tribunal emphasized that without any physical inspection report contradicting the claim, there should be no denial of Cenvat credit for service tax paid on the rent of the earmarked area used for taxable service.

Allowance of Cenvat credit for service tax paid on leased area used for taxable service:
After considering the leased area used for providing taxable service, the Tribunal concluded that the relevant service tax paid on the lease rent for that area should be allowed as Cenvat credit. The Tribunal allowed the appeal in favor of the appellant, recognizing their entitlement to service tax credit for the leased area used for taxable service.

Imposition of penalty:
Due to the confusion on the part of the Authority regarding the interpretation of the Lease Deed and the entitlement to service tax credit, the Tribunal decided not to impose any penalty. This decision was made to address the lack of clarity and misunderstanding in the previous decisions of the authorities involved in the case.

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