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2019 (7) TMI 1697 - AT - Service TaxCENVAT Credit availed by agents - Service Tax deducted by the IATA agent by giving them a commission in respect of sales - HELD THAT - The credit has been taken by the appellant on certain invoice raised by the IATA agent. Ld. Counsel argued that they were providing services to IATA agent and receiving commission on which the IATA agent had paid Service Tax. They had taken credit on the said Service Tax - there is no merit in the said argument for the reason that if the appellant was providing service to IATA then it was responsibility of the appellant to pay Service Tax and not by IATA agents. Moreover if the appellant were providing services on the basis of commission to IATA agents, then IATA agents could have availed the credit in these circumstances. Appeal dismissed.
Issues:
Appeal against demand of Cenvat credit based on Service Tax deducted by IATA agent. Analysis: The appellant, a travel agent, filed an appeal against the demand of Cenvat credit related to Service Tax deducted by the IATA agent. The appellant claimed that they were availing credit on Service Tax deducted by the IATA agent by providing a commission in respect of sales. It was highlighted that the appellants were working as a travel agent and utilizing the main IATA agent for booking tickets for their clients. The appellants were paying Service Tax on the processing charges, and the IATA agent was providing them with a certain commission, deducting a specific amount under the head of Service Tax. However, the appellant's counsel could not specify the services they were receiving from IATA on which the Service Tax was paid. The argument put forth by the appellant's counsel was that they were providing services to the IATA agent and receiving a commission on which the IATA agent had paid Service Tax, and therefore, they had taken credit on the said Service Tax. The Tribunal, after considering the submissions from both sides, found no merit in the appellant's argument. It was reasoned that if the appellant was indeed providing services to the IATA agent, it would have been their responsibility to pay the Service Tax, not the IATA agent's responsibility. Moreover, if the appellant was providing services on a commission basis to the IATA agents, the IATA agents could have availed the credit in such circumstances. Consequently, the Tribunal dismissed the appeal, stating that it did not find merit in the arguments presented by the appellant. In conclusion, the Tribunal upheld the demand of Cenvat credit against the appellant, emphasizing that the appellant's claim of availing credit on Service Tax deducted by the IATA agent was not valid, as the responsibility for paying the Service Tax should have rested with the appellant if they were the service providers. The judgment serves as a reminder of the importance of clarity and compliance with tax regulations in claiming credits and highlights the need for service providers to fulfill their tax obligations appropriately.
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