2018 (6) TMI 875 - AT - Central Excise

Service Tax Credit - denial on the ground that same has been availed on the basis of photo copy of the invoices and the appellant has failed to produce the original copies - Held that - The credit of service tax paid on various services tax is available to the assessee subject to the conditions that the said services are duty paid services and stand utilized in the manufacture of their final product - The availment of the credit on the basis of original invoices is only a procedural requirement and irregularity in respect of that would not result in denial of substantial right, if otherwise available - appeal allowed - decided in favor of appellant.

Summary

Issues: Denial of service tax credit based on photocopies of invoices without original copies.

Analysis:

1. The appellant was denied service tax credit of ?4,60,953/- on the basis of photocopies of invoices as they failed to produce the original copies. The appellant admitted during adjudication that the original invoices were not available.

2. The appellant submitted their bank account statement, internal statement, and payment details of the invoices to prove that services were received and duly paid for. However, the lower authorities denied the credit solely on the basis of photocopies, without rebutting the evidence provided by the appellant.

3. The Member (Judicial) highlighted that the legal position is clear - the credit of service tax paid on services is available to the assessee if the services are duty paid and used in manufacturing. The requirement of original invoices is procedural, and an irregularity in this aspect should not lead to the denial of a substantial right if other conditions are met.

4. The Revenue did not dispute that the appellants received and utilized the services in their manufacturing activities. Reference was made to a judgment by the Hon'ble Jammu and Kashmir High Court and a decision by the Tribunal, emphasizing that credit cannot be denied solely based on photocopies when the correctness of the contents is not in dispute.

5. Given the settled legal position and the lack of grounds to sustain the Revenue's objection, the impugned orders were set aside, and the appeal was allowed with consequential relief to the appellants.

This detailed analysis of the judgment showcases the reasoning behind overturning the denial of service tax credit based on photocopies of invoices and emphasizes the importance of meeting substantive requirements rather than procedural technicalities.