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2018 (12) TMI 593 - AT - Service TaxInsurance Auxiliary Services - exempted output services or not - agents are paid commission based on the insurance premium earned by them - reverse charge mechanism - Principles of natural justice - Held that - It was directed that claim of the appellants that they have already reversed the credit in excess of demand made by the Authorities be verified. It is seen that they have not verified the fact and correctness of amount of reversal. It has been only been held by the original Adjudicating Authority as well as the Appellate Authority that the appellants did not provide any documentary proof etc. towards the same. The matter requires to go back to the original Authority to examine the issue properly - appeal allowed by way of remand.
Issues:
1. Reversal of CENVAT credit for exempted services. 2. Eligibility of CENVAT credit on input services. 3. Excess reversal of CENVAT credit. 4. Penalty under Section 78. 5. Invokability of extended period. Issue 1: Reversal of CENVAT credit for exempted services The appellants, engaged in general insurance services, appointed agents who procured insurance business. The CERA Audit team objected to the credit taken by the appellants, leading to a reversal of credit along with interest. The Department issued show-cause notices for excess credit reversed for Jammu & Kashmir operations and other exempted services. The CESTAT directed reconsideration, stating that CENVAT credit on services rendered towards exempted services like Crop Insurance should be denied, but credit on other services with discharged Service Tax liability should be availed in full. The Order-in-Original confirmed the recovery of inadmissible credit for exempted services, which was upheld by the Commissioner (Appeals). Issue 2: Eligibility of CENVAT credit on input services The appellants argued that as they provided partially taxable and exempted output services, Rule 6 of the CENVAT Credit Rules, 2004 should not apply as the input services were not wholly used for exempted services. They contended that they had already reversed credit for exempted services using Rule 6(3A) and claimed the demand of Service Tax was unjustified. The appellants also highlighted that the services provided by agents were not exclusively for exempted services but for both exempted and taxable services. Issue 3: Excess reversal of CENVAT credit The appellants reversed a significant amount of CENVAT credit, including for Jammu & Kashmir operations and exempted services. They argued that they had reversed more than required and submitted working details to the authorities. However, the authorities did not verify the excess reversal as directed by the CESTAT. The case was remanded for proper examination of the excess reversal and eligibility for credit on input services. Issue 4: Penalty under Section 78 The original Adjudicating Authority dropped the penalty under Section 78 but did not address the invokability of the extended period for suppressing facts. The case was directed back to examine the invokability of the extended period based on intentional suppression of facts. Issue 5: Invokability of extended period The matter was remanded to the original Authority to properly examine the eligibility of appellants for credit on input services, the correctness of excess reversal, and the invokability of the extended period. The appellants were directed to submit supporting documents within 30 days for a suitable order to be passed within three months. This comprehensive analysis covers the key issues addressed in the legal judgment, highlighting the arguments presented by the appellants and the findings of the authorities.
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