2017 (9) TMI 1544 - AT - Central Excise

Validity of SCN - Time limitation - CENVAT credit - Held that - I do not find any grounds of appeal relied on by Revenue to establish that the finding of learned Commissioner (Appeals) that the show cause notice under consideration is time barred in respect of demand of Cenvat credit of ₹ 14,72,924/- - credit allowed. CENVAT credit - sales commission - N/N. 02/2016-CE(NT) dated 3rd February, 2016 - Held that - sales promotion includes services by way of sale of dutiable goods on commission basis - credit allowed. Appeal dismissed - decided against Revenue.

Summary

Issues involved:
1. Admissibility of Cenvat credit on inputs destroyed in fire.
2. Admissibility of Cenvat credit on service tax paid on input services.
3. Admissibility of Cenvat credit on service tax paid on sales commission.
4. Time-barred nature of the demand for Cenvat credit.

Admissibility of Cenvat credit on inputs destroyed in fire:
The case involved the respondent availing Cenvat credit on inputs destroyed in fire, leading to a demand by the Revenue for recovery of the credit. The Revenue issued a show cause notice invoking proviso to Section 11A (5) of Central Excise Act, 1944. The Order-in-Original confirmed the demand and imposed a penalty, which was appealed by the respondent. The Commissioner (Appeals) set aside the demand on the grounds that it was time-barred, as it was issued beyond the normal period of demand. This decision was upheld by the Tribunal, citing the time-barred nature of the demand.

Admissibility of Cenvat credit on service tax paid on input services:
The respondent also availed Cenvat credit on service tax paid on input services, specifically on sales commission for the sale of final products. The Commissioner (Appeals) considered Notification No.02/2016-CE(NT) and relevant case laws to determine the admissibility of this credit. The Commissioner held that the explanation in the notification was clarificatory and applicable even to periods before its issuance. Consequently, the Commissioner allowed the appeal filed by the respondent, a decision that was upheld by the Tribunal.

Admissibility of Cenvat credit on service tax paid on sales commission:
The issue of admissibility of Cenvat credit on service tax paid as sales commission was raised by the Revenue. The Revenue relied on a judgment of the High Court but was countered by the respondent citing the timing of the judgment vis-a-vis the amendment of Cenvat Credit Rules. The Tribunal considered the arguments but ultimately upheld the decision of the Commissioner (Appeals) regarding the admissibility of the credit, rejecting the grounds of appeal filed by the Revenue.

Time-barred nature of the demand for Cenvat credit:
One of the key contentions in the case was the time-barred nature of the demand for Cenvat credit made by the Revenue. The Tribunal reviewed the arguments presented by both parties and found no grounds to establish that the demand was not time-barred. Consequently, the Tribunal did not interfere with the Commissioner's decision regarding the time-barred demand for Cenvat credit.

In conclusion, the Tribunal upheld the impugned Order-in-Appeal, rejecting the appeal filed by the Revenue. The decision provided the respondent with consequential relief as per the law. The judgment delved into the admissibility of Cenvat credit on various aspects, considering legal provisions, notifications, and case laws to arrive at a just decision in each issue raised.