2008 (1) TMI 155 - AT - Service Tax

Input services like agents commission, advertising expenses, C/F charges, telephone, internet, courier, postage charges etc. eligibility for credit appellants are selling goods from showrooms, not from factory gate, hence place of removal will be showroom - impugned input services were used in relation to manufacture & in clearance from place of removal, so they are eligible for credit credit not allowed on services used in trading activities interest on inadmissible credit is payable

Summary

Issues involved: Denial of Cenvat credit on input services utilized for manufacturing and clearance of final products, imposition of penalty under Sec. 11AC of the Central Excise Act, 1944, and recovery of interest under Sec. 11AB of the Central Excise Act, 1944.

Detailed Analysis:

1. Denial of Cenvat Credit on Input Services:
The appellant, a shoe manufacturer, availed Cenvat credit on input services like retail agents commission, advertising expenses, etc. The adjudicating authority disallowed the credit, leading to a demand of Rs. 78,50,491. The appellant argued that services used till the showrooms, considered as the place of removal, are eligible for credit. The Tribunal agreed, stating that services used till the place of removal are eligible. Credit on services directly related to goods manufactured was allowed, but credit on services related to trading activities was denied as trading doesn't involve manufacturing. The appellant's contention was upheld, allowing credit on eligible services.

2. Imposition of Penalty:
The Tribunal ruled that since the issue was about interpreting statutory provisions, penalty under Sec. 11AC of the Central Excise Act, 1944 was not applicable. Therefore, the penalty imposed on the appellant was set aside.

3. Recovery of Interest:
The Tribunal held the appellant liable to pay interest on the confirmed demand amount of Rs. 13,27,497. Interest was upheld on the amount confirmed by the Tribunal. The appeal was allowed in favor of the appellant based on the above decisions.

This judgment clarifies the eligibility of Cenvat credit on input services used until the place of removal, distinguishes between services directly related to manufacturing and trading activities, and determines the applicability of penalty and interest based on statutory interpretation.