2019 (2) TMI 1485 - AT - Central Excise

CENVAT Credit - recovery of inadmissible credit - Rule 14 of the CENVAT Credit Rules, 2004 (CCR) read with Section 11A(1) of the Act - credit of service tax paid on Sole Selling Commission on the basis of the strength of the invoices raised by FMGIL - Held that - As per Clause 3 of the agreement entered into between the appellant and FMGIL, FMGIL promotes the sales of the appellant by doing various activities including maintaining good relation with the customers, obtaining orders from them, providing consultation and advice and identifying prospective customers. This issue is no more res integra and has been settled in favour of the appellant in various decisions wherein it has been consistently held that sales commission falls under the definition of input service . Appeal allowed - decided in favor of appellant.

Summary

Issues:
- Denial of CENVAT credit and recovery of inadmissible credit under Rule 14 of CENVAT Credit Rules, 2004
- Imposition of penalties

Analysis:
1. The appellants filed five appeals against a common order denying CENVAT credit and upholding recovery of inadmissible credit under Rule 14 of CENVAT Credit Rules, 2004, along with penalties. The appeals covered different periods with varying amounts demanded and penalties imposed.

2. The appellants, engaged in manufacturing 'Piston Rings,' availed CENVAT credit under CCR. The dispute arose when the Department alleged that the appellants wrongly claimed credit for service tax paid on 'Sole Selling Commission' based on invoices raised by another company. A show-cause notice was issued, leading to the Commissioner (A) confirming the demand and penalties.

3. During the hearing, the appellant's counsel argued that the impugned order failed to appreciate the facts and law correctly. They contended that the 'Sole Selling Agent' services provided by the other company fell under the definition of 'input service' as per CCR. The counsel cited agreements and legal provisions to support their argument, emphasizing that sales promotion was included in the definition of 'input service.'

4. The appellant's counsel further supported their case by referring to relevant decisions and circulars that recognized commission agent services as integral to the manufacture and sale of goods. They argued against the sustainability of penalties under Section 11Ac, stating that it involved interpreting CCR provisions.

5. On the contrary, the Department's representative defended the impugned order, claiming that the services provided did not qualify as 'input service' as they were related to product sales, not manufacturing. They argued that the other company did not engage in sales promotion but focused solely on sales activities.

6. After reviewing submissions, agreements, and legal precedents, the Tribunal found that the services provided did fall under the definition of 'input service.' Citing previous decisions and the retrospective applicability of relevant amendments, the Tribunal ruled in favor of the appellants, setting aside the impugned order and allowing all five appeals with consequential relief.

This detailed analysis of the judgment highlights the key issues, arguments presented by both parties, legal interpretations, and the final decision reached by the Tribunal.