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2021 (9) TMI 996 - AT - Central ExciseCENVAT Credit - input service - legal services - actual recipient of services - case was filed in the name of Distiller s Association of Maharashtra but since the bill was raised in the name of the appellant - HELD THAT - There is no dispute that the legal case was filed by the Distiller s Association of Maharashtra which consists of many member manufacturers. Therefore, the beneficiary of the outcome is not only the appellant but all the members which means that the service was availed by all the members of the association. Though the invoice was raised in the name of appellant but the services availed against the said bills has benefitted to all the members of the association - even though the case was filed in the name of Distiller s Association of Maharashtra but since the bill was raised in the name of the appellant, appellant is prima facie entitled for Cenvat Credit but only to the extent of portion of services related to the appellant. In this position, the Cenvat Credit attributed to the appellant needs to be re-worked out. Therefore, entire case needs a reconsideration. Input service or not - legal service - HELD THAT - The legal service is directly for the case related to manufacture of the final product. Moreover, the legal service is prescribed as input service in the inclusion clause of definition of input service - the legal service is an admissible input service. Matter remanded to the adjudicating authority for passing a fresh order - appeal allowed by way of remand.
Issues involved:
1. Availment of Cenvat Credit on legal consultancy services under reverse charge mechanism. 2. Disallowance of Cenvat Credit by Adjudicating Authority. 3. Appeal filed before Commissioner (Appeal) and subsequent rejection. 4. Interpretation of service recipient in the context of legal services provided to an association. 5. Determination of entitlement to Cenvat Credit based on service recipient. Analysis: 1. The appellant, engaged in manufacturing, availed Cenvat Credit on legal consultancy services under reverse charge mechanism. The audit revealed availed Cenvat Credit of Service Tax on legal consultancy services, leading to a Show Cause Notice proposing denial of Cenvat Credit. The Adjudicating Authority disallowed the credit, upheld by the Commissioner (Appeal), prompting the appellant's appeal before the Tribunal. 2. The appellant argued that despite the case being filed by an association, the bills were raised to the appellant, who made the entire payment, establishing them as the sole recipient of the service. Citing relevant judgments, the appellant contended that the service was received by them, even though the case was filed in the association's name. 3. The Revenue, represented by the Assistant Commissioner, reiterated that as the case was filed by the association on behalf of its members, the appellant was not the service recipient. The Revenue emphasized that the association was the ultimate beneficiary, not the appellant, regardless of the invoicing details. 4. The Tribunal analyzed the submissions and records, acknowledging that the case was filed by an association representing multiple members. While the invoice was in the appellant's name, the services benefitted all association members. The Tribunal agreed that the appellant was entitled to Cenvat Credit to the extent of services related to them, necessitating a re-calculation of the credit. The Tribunal concluded that legal services were directly related to the manufacturing process, falling under the definition of input services, and thus, were admissible. 5. Consequently, the Tribunal set aside the impugned order, remanding the case for a fresh decision by the adjudicating authority, considering the observations made. The judgment clarified the entitlement to Cenvat Credit based on the service recipient and the direct relevance of legal services to the manufacturing process. This detailed analysis of the judgment provides insights into the issues involved and the Tribunal's decision, ensuring a comprehensive understanding of the legal aspects discussed.
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