2019 (7) TMI 1018 - HC - Service Tax

Reversal of CENVAT Credit - input service - maintenance of separate records for providing taxable service and exempted service - Rule 6(3) of the CCR, 2004 - HELD THAT - The ratio of the decision of this Court in THE PRINCIPAL COMMISSIONER VERSUS M/S ALEMBIC LTD. 2019 (7) TMI 908 - GUJARAT HIGH COURT is that once the assessee is not required to reverse any credit availed by him on valid input services availed during the period 2010 till obtaining of completion certificate, the said amounts reversed by the assessee under protest cannot be retained by the Revenue authorities and those have been refunded to him. Appeal dismissed.

Summary

Issues:
1. Interpretation of provisions of Cenvat Credit Rules, 2004.
2. Validity of the order passed by CESTAT.
3. Applicability of previous court decisions on the current case.

Analysis:
1. The High Court addressed the interpretation of provisions of the Cenvat Credit Rules, 2004 in the context of admissibility of Cenvat Credit, maintenance of separate records for taxable and exempted services, and procedures for failure to maintain such records. The Revenue argued that the CESTAT's order did not consider Rule 6(1), Rule 6(2), Rule 6(3), and Rule 2(I) of the Cenvat Credit Rules, 2004. However, the Court noted that the issue raised by the Revenue had already been settled in a previous case, citing the decision in the case of Principal Commissioner vs. M/s Alembic Ltd. The Court highlighted that the earlier decision established that if an assessee is not required to reverse any credit availed on valid input services, the amounts reversed by the assessee under protest cannot be retained by the Revenue authorities and must be refunded.

2. The validity of the order passed by CESTAT was questioned by the Revenue, contending that the Tribunal granted relief without considering the relevant provisions of the Cenvat Credit Rules, 2004. However, the High Court found that the issue raised by the Revenue had already been addressed in a previous judgment, and as a result, the appeal was dismissed. The Court emphasized that the decision in the case of M/s Alembic Ltd set a precedent for similar cases where the Revenue's claim for retaining reversed credit amounts was not valid.

3. The High Court considered the applicability of previous court decisions on the current case, specifically referencing the judgment in the case of Principal Commissioner vs. M/s Alembic Ltd. The Court noted that the present Tax Appeal arose from the same order challenged in the earlier case, indicating consistency in the legal principles applied. As a result of the established precedent, the Court dismissed the appeal and disposed of the connected civil application, as the main appeal had been rejected.