2024 (5) TMI 1150 - AT - Service Tax

Cenvat Credit - Use of Set top boxes for providing Broadcasting Services - Demand and recovery of interest u/r 14 of the CENVAT Credit Rules 2004 read with Section 75 of the Finance Act 1994 - Imposition of penalty - Classification of Set Top Boxes as inputs or capital goods - Applicability of extended period of limitation - HELD THAT - Set top boxes classifiable under Chapter 85 do not find any mention in the exclusion category. That being so we do not find any reason why these goods could not have been treated as input for provision of the output services by the Appellant. It is a well settled principle in the law that the taxing statute needs to be construed strictly according to the words phrases used in the statute; there can be no other interpretation when literal interpretation is unambiguous. These set top boxes satisfy the definition of inputs as they are goods used by the output service provider for the provision of the output services. There cannot be any fallacy in the stands taken by the Appellant in taking the entire credit at the time of receipt of these set top boxes as inputs. Admissibility under capital goods for any inputs and that too on the basis of accountancy practices followed by the Appellant. We do not find any merits in the argument that just because these goods have been capitalized in the books of accounts they could not have been treated as input. Thus we do not find any merits in the demand of interest made.

Summary

Issues Involved:

1. Classification of Set Top Boxes (STBs) as inputs or capital goods under the CENVAT Credit Rules, 2004.
2. Demand for interest on excess credit taken.
3. Imposition of penalty.
4. Bar of limitation on the demand.

Issue-wise Detailed Analysis:

1. Classification of Set Top Boxes (STBs) as Inputs or Capital Goods:

The primary issue in this appeal concerns whether the Set Top Boxes (STBs) provided by the appellant to their customers should be classified as inputs or capital goods under the CENVAT Credit Rules, 2004. The appellant argued that the STBs should be classified as inputs as per Rule 2(k) of the CENVAT Credit Rules, 2004, which does not exclude these from the definition of inputs. The appellant relied on several precedents, including Banco Products (India) Ltd. and Zenith Papers, to support their claim that the same goods could be classified as either inputs or capital goods depending on their use.

The Revenue, however, contended that the STBs should be classified as capital goods because they were capitalized in the appellant's books of accounts and depreciation was claimed for income tax purposes. The adjudicating authority supported this view, stating that the STBs were used for transmission and broadcasting, thus fitting the definition of capital goods under Chapter 85.

The Tribunal found that the definition of "input" for an output service provider includes all goods used for providing any output service, excluding certain specified goods. Since STBs do not fall under the exclusion category, they can be treated as inputs for providing output services. The Tribunal emphasized that the taxing statute should be strictly interpreted according to its wording, citing precedents like Sneh Enterprises and Acer India.

2. Demand for Interest on Excess Credit Taken:

The adjudicating authority had demanded interest of Rs. 6,30,94,154/- from the appellant under Rule 14 of the CENVAT Credit Rules, 2004, read with Section 75 of the Finance Act, 1994, for taking 100% credit on the STBs immediately upon receipt. The appellant argued that the demand for interest was not sustainable as the credit taken was not utilized, referencing cases like Bill Forge Pvt. Ltd. and Jaypee Greens.

The Tribunal, after considering the arguments and the definition of inputs, concluded that the STBs should be classified as inputs. Therefore, the appellant was justified in taking the entire credit at the time of receipt. Consequently, the demand for interest was found to lack merit.

3. Imposition of Penalty:

The adjudicating authority had imposed a penalty of Rs. 5,000/- under Rule 15A of the CENVAT Credit Rules, 2004, for contravening Rule 4(2)(a). The Tribunal did not explicitly address the penalty in their detailed analysis, focusing instead on the classification issue and the demand for interest. However, given that the demand for interest was found to lack merit, it can be inferred that the imposition of the penalty would also be considered unjustified.

4. Bar of Limitation on the Demand:

The appellant argued that the demand was barred by limitation as the issue was related to the interpretation of statutory provisions. They had taken legal opinion from LakshmiKumaran & Shridharan and the issue was known to the department since the audit report dated 15.05.2009. The appellant cited cases like Hindustan Insecticides Ltd. and Kwality ICE Cream Company to support their claim.

The Tribunal, having found no merit in the demand for interest based on the classification of STBs as inputs, did not delve into the issue of limitation or other related issues. The appeal was allowed on the primary ground that the STBs were correctly classified as inputs.

Conclusion:

The Tribunal concluded that the STBs provided by the appellant should be classified as inputs under the CENVAT Credit Rules, 2004. Consequently, the demand for interest on the excess credit taken was found to lack merit, and the appeal was allowed. The Tribunal did not address the penalty or the limitation issue in detail, as the primary ground for the appeal was sufficient to decide the case in favor of the appellant.