2009 (1) TMI 239 - AT - Service Tax

Rule 4A of STR - As per rule 4A of Service Tax Rules, 1994 ( STR ), an invoice, appeal or challan is the prescribed document against which input service credit can be availed. Cenvat Credit denied on debit notes being not a document prescribed under rule 4A of the STR Held that - the appellants had availed the impugned amounts of credit against debit notes which are not one of the prescribed documents for the purpose under rule 4A of STR. However, there is no dispute that the document contained all the items of information prescribed in the relevant rule. - . In the absence of a case that the appellants had not received the impugned services, prima facie, credit could not be denied solely for the reason that the documents was titled debit note stay grated fully

Summary

Issues:
Challenge to denial of input service credit, demand of credit availed irregularly, applicable interest, and penalty imposed.

Analysis:
In the present case, the appellants, M/s. Chemplast Sanmar Ltd., contested the orders of the Commissioner (Appeals) which upheld the denial of input service credit, demand for irregularly availed credit, imposition of penalty, and applicable interest. The original authority disallowed the credit on the grounds that it was availed against debit notes issued by providers of "Business Auxiliary Service" (BAS), which were not prescribed documents under rule 4A of Service Tax Rules, 1994 ('STR'). The Commissioner (Appeals) supported the original authority's decision, stating it was consistent with legal provisions.

The appellants sought waiver of pre-deposit and stay of recovery of the adjudged dues. The counsel for the appellants argued that although the documents were labeled as debit notes, they contained all necessary information required for availing credit under rule 4A of STR. The revenue did not dispute the appellants' receipt of the services in question. The contention was that the credit was being denied on technical grounds. On the other hand, the ld. JCDR supported the lower appellate authority's decision, emphasizing that credit could only be validly taken against prescribed documents, which did not include debit notes. Therefore, the credit was deemed inadmissible according to the JCDR.

Upon careful consideration, the Technical Member found that the appellants had indeed availed credit against 'debit notes,' which were not among the prescribed documents under rule 4A of STR. However, since the documents contained all necessary information as per the relevant rule and there was no dispute regarding the appellants receiving the services, the credit could not be denied solely based on the title of the document. Consequently, the Technical Member ordered the waiver of pre-deposit and a stay of recovery of the dues and penalties adjudged in the impugned orders until the appeals were disposed of.