2018 (6) TMI 860 - AT - Central Excise

CENVAT Credit - input services - Sales Commission - Held that - Identical issue has came up before the Tribunal in the case of CCE & ST, Jaipur I/ Alwar vs. M/s. Bhagwati Kripa Paper Mills Pvt. Ltd. & others 2018 (4) TMI 1163 - CESTAT NEW DELHI , where it was held that CENVAT credit is admissible on the services of the sale of the dutiable goods on commission basis - credit allowed - appeal dismissed - decided against Revenue.

Summary

Issues Involved:
Delay in filing appeals, Availing cenvat credit on sales commission, Interpretation of Cenvat Credit Rules, Applicability of circulars and notifications, Judicial precedents on Cenvat credit for sales promotion activities.

Analysis:
1. Delay in filing the present appeals:
The delay in filing the appeals was condoned by the Tribunal based on reasons mentioned in the application. The COD application was allowed, and the appeals were admitted.

2. Availing cenvat credit on sales commission:
The dispute in the present appeal revolved around the availing of cenvat credit on sales commission as an input service. The lower authority had denied the credit, leading to a demand for duty, interest, and penalty. However, the Commissioner (Appeals) granted relief to the appellant. The department, being aggrieved, filed the present appeals.

3. Interpretation of Cenvat Credit Rules:
After hearing both parties and examining the available material, the Tribunal noted that a similar issue had been addressed in previous cases. Referring to the case law, the Tribunal emphasized the Circular No. 943/4/2011-CX and Notification No. 2/2016-CE (NT) to clarify that cenvat credit is admissible on services related to the sale of dutiable goods on a commission basis. The Tribunal held that the notification should be considered declaratory in nature and effective retrospectively.

4. Applicability of circulars and notifications:
The Tribunal relied on Circular No. 943/4/2011-CX and Notification No. 2/2016-CE (NT) to support the admissibility of cenvat credit on sales promotion activities involving the sale of dutiable goods on a commission basis. The Tribunal highlighted the legislative intent behind the Explanation inserted in Rule 2(1) of the Rules, confirming the Board Circular and resolving conflicting views of various High Courts.

5. Judicial precedents on Cenvat credit for sales promotion activities:
In line with previous decisions and settled legal positions, the Tribunal found no merit in the impugned orders. Accordingly, the appeals were allowed in favor of the appellants, setting aside the lower authorities' decisions. The Tribunal dismissed the appeals filed by the Revenue based on the established legal principles and precedents.

In conclusion, the Tribunal's judgment clarified the admissibility of cenvat credit on sales commission as an input service, emphasizing the legislative intent and supporting circulars and notifications. The decision was based on a thorough analysis of legal provisions, precedents, and relevant case laws, ensuring consistency in the interpretation and application of the Cenvat Credit Rules.