2019 (9) TMI 1670 - AT - Service Tax

CENVAT Credit - ineligible documents - cargo sales report purportedly summarising airway bills - in conformity with rule 9(1) of CENVAT Credit Rules 2004 or not - HELD THAT - The present appeal of Revenue has sought to challenge the finding of the adjudicating authority on the acceptability of cargo sales report for availing credit with the proposition that the activity of the assessee was not output service within the meaning of rule 2 of CENVAT Credit Rules 2004 and hence the question of acceptability of documentation does not arise. It is found from perusal of the show cause notices that the only ground raised therein for disallowance of credit is the validity of the documents against which it had been availed. Appeal dismissed.

Summary

Issues:
- Appeal against order-in-original dropping proceedings for recovery of credit against ineligible documents.
- Validity of 'cargo sales report' for availing credit.
- Whether the activity of the assessee qualifies as 'output service' under CENVAT Credit Rules.

Analysis:
1. The appeal before the Appellate Tribunal challenged the order-in-original that dropped proceedings for the recovery of credit against allegedly ineligible documents. The Revenue sought to challenge the finding of the adjudicating authority regarding the acceptability of the 'cargo sales report' for availing credit.

2. The key contention revolved around the documentation sufficiency for availing credit, particularly concerning the 'cargo sales report' which summarized 'airway bills'. The Tribunal noted that similar proceedings had been initiated elsewhere and cited a previous judgment where it was established that the 'Cargo Sales Report' was not specifically listed for availing CENVAT credit. However, it was argued that the Air Way Bills (AWBs) summarized in the report could be considered eligible invoices for credit purposes.

3. The Tribunal emphasized that as long as the essential requirements of procedural rules were met, benefits should not be denied on insubstantial grounds. It was highlighted that minor inadequacies in the document should be overlooked as per the Proviso to sub-rule (2) of Rule 9 of the CENVAT Credit Rules, 2004.

4. Another crucial aspect addressed was whether the activity of the assessee qualified as 'output service' under the CENVAT Credit Rules. The Tribunal observed that the grounds of appeal raised by the Revenue did not specifically challenge the nature of the activity but focused on the validity of the documents for availing credit. The Tribunal concluded that the appeal lacked merit and dismissed it.

5. The judgment underscored the importance of adhering to procedural rules while availing credit and highlighted that the denial of credit should not be based on insignificant grounds. The decision provided clarity on the acceptability of documents for credit purposes and emphasized the need to meet the essential requirements stipulated in the rules.