2017 (1) TMI 1318 - AT - Service Tax

CENVAT credit - forged invoices - duty paying documents - Held that - the appellant is Public Sector Undertaking and has centralized purchase policy. There is also no dispute that capital goods came from Madurai was used in the premises of M/s. BSNL, Coimbatore. Similarly there is no dispute that the transfer advice came from M/s. BSNL, Madurai exhibiting the duty element. Accordingly there should not be denial of Cenvat credit to the appellant - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Admissibility of Cenvat credit based on transfer advice.
2. Dispute regarding duty paying documents.
3. Allegation of inappropriate invoices for capital goods credits.

Admissibility of Cenvat credit based on transfer advice:
The appellant, a Public Sector Undertaking, availed Cenvat credit of capital goods based on a transfer advice from another unit. The department alleged that the accompanying documents were not appropriate invoices, questioning the admissibility of the credit. The Tribunal noted previous cases where relief was granted based on transfer notes within the same organization. Considering the usage of capital goods and the absence of prescribed invoice formats, the transfer note containing relevant details was deemed sufficient for granting Cenvat credit. The appellant's status as a Public Sector Undertaking and the registration of the unit further supported the allowance of credit.

Dispute regarding duty paying documents:
The Revenue contended that due to improper documents, a Cenvat credit of ?15,65,758 was not admissible. However, the Tribunal found that the capital goods were used in the Coimbatore premises of the appellant, a Public Sector Undertaking with a centralized purchase policy. The transfer advice from the originating unit in Madurai clearly indicated the duty element, establishing the legitimacy of the credit. The absence of any questionable conduct on the part of the appellant further strengthened the case for allowing the credit.

Allegation of inappropriate invoices for capital goods credits:
The department alleged that the documents accompanying the goods did not qualify as appropriate invoices, leading to the denial of capital goods credits. The appellant clarified the centralized purchase scheme of the Public Sector Undertaking, where the purchasing unit sends advice to the user unit. The Tribunal emphasized that the transfer note provided relevant details and did not hinder the purpose of granting Cenvat credit. Acknowledging the proper usage of the capital goods and the lack of prescribed invoice formats, the Tribunal allowed the appeal, considering the appellant's status and the clarity of the transfer advice.

In conclusion, the judgment by the Appellate Tribunal CESTAT CHENNAI allowed the appeal, emphasizing the validity of Cenvat credit based on transfer advice within a Public Sector Undertaking, despite challenges regarding duty paying documents and invoice appropriateness. The decision highlighted the importance of considering the specific circumstances of the case, especially when dealing with inter-unit transfers within the same organization and the usage of capital goods in line with established procedures.