2025 (1) TMI 221 - AT - Service Tax

CENVAT Credit - input service was used by multiple coating centers located in different places - Department had alleged that the respondent was not entitled to avail cenvat credit at Pune unit inasmuch as the input service in question, was used by all coating centers located at different places - period of dispute involved in the present appeal is from April 2014 to January 2015 - HELD THAT - For the earlier period i.e., from October 2009 to March 2014, the demands confirmed by the department against the respondent itself, on identical set of facts, was appealed against by the respondent before this Tribunal 2017 (5) TMI 889 - CESTAT MUMBAI , the Tribunal has set aside the demand and allowed the appeal in favour of the respondent. It is found that appeal filed by Revenue against the said order dated 29.03.2017 of the Tribunal was also dismissed by the Hon ble Bombay High Court 2018 (12) TMI 1300 - BOMBAY HIGH COURT . Conclusion - On plain reading of Rule 7 as existing both pre and post amendment 2012 covering period involved in these proceedings, the respondent - assessee was entitled to utilize the CENVAT credit available at its Pune unit. There are no merits in the appeal filed by Revenue and accordingly, the same is dismissed.

1. ISSUES PRESENTED and CONSIDERED

The legal judgment primarily revolves around the following core issues:

Whether the respondent is entitled to avail the entire CENVAT credit at its Pune unit, given that the input service was used by multiple coating centers located in different places.
Whether the previous rulings and the dismissal of the Revenue's appeal by the Hon'ble Bombay High Court establish a binding precedent for the current dispute.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Entitlement to Avail CENVAT Credit

Relevant Legal Framework and Precedents: The dispute involves the interpretation of Rule 7 of the CENVAT Credit Rules, 2004, both pre and post the 2012 amendment. The rule outlines the manner of distribution of credit by an input service distributor.
Court's Interpretation and Reasoning: The Tribunal noted that Rule 7, both before and after the 2012 amendment, uses the term "may distribute," indicating that the distribution of CENVAT credit among various units was optional for the assessee. It was only post-2016 that the rule was amended to make distribution mandatory, as evidenced by the use of "shall distribute."
Key Evidence and Findings: The Tribunal found that the respondent had consistently availed CENVAT credit at its Pune unit, and this practice was not in violation of the rules applicable during the disputed period.
Application of Law to Facts: The Tribunal applied the pre-2016 version of Rule 7, which allowed the respondent to choose whether to distribute the credit. Since the rule provided an option rather than a mandate, the respondent's actions were deemed compliant.
Treatment of Competing Arguments: The Revenue argued that the credit should have been distributed among all units, but the Tribunal dismissed this argument, citing the optional nature of the rule during the relevant period.
Conclusions: The Tribunal concluded that the respondent was entitled to avail the entire CENVAT credit at its Pune unit, as the distribution was not mandatory under the applicable rules.

Issue 2: Binding Precedent of Previous Rulings

Relevant Legal Framework and Precedents: The Tribunal referenced its previous order dated 29.03.2017, which was upheld by the Hon'ble Bombay High Court on 19.12.2018, dismissing the Revenue's appeal.
Court's Interpretation and Reasoning: The Tribunal emphasized that the previous ruling, which was based on identical facts and legal questions, had already settled the matter in favor of the respondent.
Key Evidence and Findings: The Tribunal highlighted that the High Court found the entire exercise to be revenue-neutral, rendering the legal question academic.
Application of Law to Facts: The Tribunal applied the principle of res judicata, recognizing the binding nature of the previous decision on the same issue.
Treatment of Competing Arguments: The Revenue's attempt to reopen the issue was dismissed, as the High Court's decision had already established the legal position.
Conclusions: The Tribunal concluded that the issue was no longer open for debate, as it had been conclusively settled by the High Court.

3. SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning: "The option was available to the assessee whether to distribute the CENVAT credit or not... Therefore, on plain reading of Rule 7 as existing both pre and post amendment 2012 covering period involved in these proceedings, the respondent - assessee was entitled to utilize the CENVAT credit available at its Pune unit."
Core Principles Established: The Tribunal reaffirmed the principle that the distribution of CENVAT credit was optional under the rules applicable during the disputed period. It also reinforced the binding nature of previous judicial decisions on identical issues.
Final Determinations on Each Issue: The Tribunal dismissed the Revenue's appeal, upholding the respondent's entitlement to avail the entire CENVAT credit at its Pune unit and affirming the settled legal position from previous rulings.

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