2012 (8) TMI 1185 - HC - Central Excise

Summary

Issues involved:
1. Interpretation of provisions u/s Notification No. 26/2005-Service Tax for eligibility of head office to issue documents for passing on credit to manufacturing unit.
2. Eligibility of manufacturer to avail Cenvat credit based on non-prescribed documents under Rule 9 of Cenvat Credit Rules, 2004.
3. Allowance of Cenvat credit based on documents lacking statutory information as per Rule 4A(2) of Service Tax Rules, 1994.

Interpretation of Notification No. 26/2005-Service Tax:
The High Court admitted the appeal to determine whether a party's head office, not registered u/s Notification No. 26/2005-Service Tax, can issue documents to transfer credit to their manufacturing unit. The key question was whether Cenvat credit can be allowed based on such documents.

Eligibility of Manufacturer for Cenvat Credit:
Another issue raised was the eligibility of a manufacturer to avail and utilize Cenvat credit using documents not prescribed under Rule 9 of the Cenvat Credit Rules, 2004. This raised the question of the validity and acceptability of non-prescribed documents for claiming Cenvat credit.

Allowance of Cenvat Credit based on Statutory Information:
The Court also considered whether Cenvat credit could be allowed based on documents lacking statutory information as required by Rule 4A(2) of the Service Tax Rules, 1994. This issue focused on the importance of statutory information in documents for claiming Cenvat credit.

The Court noted the affidavit of service filed by the Deputy Commissioner, Central Excise, stating that the petition and annexures were served on the respondents. As no appearance was made for the respondent, the Court directed notice to be sent for a hearing on 24th September, 2012. Additionally, the Court ordered a stay on proceedings following an order of remand by the Customs, Excise and Service Tax Appellate Tribunal until further notice.