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2018 (1) TMI 1391 - AT - Service TaxUtilization of CENVAT Credit - eligible service or not - taxable services provided from outside India and received in India - Rule 3(4) of the Cenvat Credit Rules 2004 - Held that - An identical issue has come up for consideration before the Tribunal in the case of M/s Indian Acrylic Ltd. vs CCE Chandigarh-II 2013 (1) TMI 460 - CESTAT NEW DELHI where it was held that appellant is entitled to utilise the Cenvat credit for discharge of Service Tax for the commission paid to the overseas agents - appeal dismissed - decided against Revenue.
Issues:
1. Department's appeal against order-in-Original No. 47/Commr/Noida/2012-13. 2. Utilization of Cenvat Credit for payment of service tax on import of services. 3. Interpretation of Rule 3(4) of the Cenvat Credit Rules, 2004. 4. Applicability of previous Tribunal decisions on similar issues. Issue 1: Department's appeal against order-in-Original No. 47/Commr/Noida/2012-13 The Department filed an appeal against the order-in-Original No. 47/Commr/Noida/2012-13 dated 30.11.2012 passed by the Commissioner, Customs & Central Excise, Noida. The dispute pertained to the period from October 2006 to September 2011. The Department alleged that the assessee had wrongly discharged their service tax liability on import of services by utilizing Cenvat Credit, leading to a proposed demand for Service Tax, interest, and penalty. However, the Commissioner did not find merit in the show cause notice and dropped the proposed demand, prompting the Department to file the present appeal before the Tribunal. Issue 2: Utilization of Cenvat Credit for payment of service tax on import of services The Department contended that services provided from outside India and received in India should not be treated as output services for the purpose of availing credit of duty of excise or service tax under the Cenvat Credit Rules, 2004. On the other hand, the assessee's counsel reiterated the findings of the impugned order, defending the utilization of Cenvat Credit for payment of service tax on imported services. The Tribunal analyzed Rule 3(4) of the Cenvat Credit Rules, 2004, which allows for the utilization of Cenvat Credit for payment of service tax on any output service. Citing relevant case law, the Tribunal held that the appellant was entitled to utilize the Cenvat credit for discharging Service Tax for the commission paid to overseas agents, thereby upholding the impugned order and dismissing the Department's appeal. Issue 3: Interpretation of Rule 3(4) of the Cenvat Credit Rules, 2004 Rule 3(4) of the Cenvat Credit Rules, 2004 explicitly provides for the utilization of Cenvat Credit on service tax for any output service. The Tribunal referred to previous decisions, including the case of M/s Indian Acrylic Ltd. vs CCE, Chandigarh-II, and Shree Rajasthan Syntex Ltd. v. CCE, to support the interpretation that the appellant, as the recipient of services liable to pay service tax, could be deemed the provider of taxable service and, therefore, entitled to utilize Cenvat Credit for payment of service tax on imported services. By following the Division Bench judgment, the Tribunal upheld the appellant's right to utilize Cenvat Credit for discharging Service Tax, in line with Rule 3(4) of the Cenvat Credit Rules, 2004. Issue 4: Applicability of previous Tribunal decisions on similar issues The Tribunal considered the applicability of previous decisions by the Division Bench in cases like Shree Rajasthan Syntex Ltd. v. CCE to determine the entitlement of the appellant to utilize Cenvat Credit for payment of service tax on imported services. By following the reasoning and interpretation provided in these judgments, the Tribunal found no reason to interfere with the impugned order and sustained the same, ultimately dismissing the Department's appeal and disposing of the cross-objection accordingly. This comprehensive analysis of the judgment highlights the key issues involved and the Tribunal's detailed reasoning and decision on each issue, ensuring a thorough understanding of the legal aspects and implications of the case.
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