2013 (12) TMI 257 - AT - Service Tax

Denial of CENVAT Credit - Manpower Recruitment or Supply Agency Service - Business Auxiliary Service and Online Information and Database Access or Retrieval Service - Revenue objected for CENVAT credit on the ground that credit was taken in respect of an office which was not registered - Held that - credit could not have been denied on the ground that the office was not registered. Once the credit could not have been denied and the appellant had a common centralized registration, the appellant was eligible for getting the refund also. Because once the credit is admissible, the accumulated credit is to be refunded. Further, it has to be taken note of that the appellants were not required to register this office at all. It was an addition to their offices listed in the certificate and is only for the purpose of information and centralized registration involves issue of a single registration certificate. Therefore, it cannot be said that each unit is considered as registered separately in the absence of different registration certificates. This is another view that can be taken in the facts of this case - Following decision of mPortal India Wireless Solutions Pvt. Ltd. vs. CCE 2011 (9) TMI 450 - KARNATAKA HIGH COURT - Decided in favour of assessee.

Summary

Issues:
1. Admissibility of CENVAT credit on office rent of unregistered premises.
2. Jurisdiction of Commissioner to pass order-in-revision.
3. Doctrine of merger.

Issue 1: Admissibility of CENVAT credit on office rent of unregistered premises:
The appellant, engaged in various services, had a centralized registration for multiple offices but faced a dispute regarding the Gurgaon office's registration. The Revenue objected to CENVAT credit claimed on service tax paid for the Gurgaon office's rent, as it was not officially registered. The Commissioner ordered recovery of the credits refunded, leading to appeals. The appellant argued against the rejection of the refund claim based on the office's registration status. The Tribunal referred to a High Court decision stating that the CENVAT credit rules do not mandate registration for credit eligibility. Consequently, the Tribunal ruled in favor of the appellant, allowing the appeals and granting consequential relief, emphasizing that centralized registration does not necessitate separate office registrations.

Issue 2: Jurisdiction of Commissioner to pass order-in-revision:
The appellant challenged the jurisdiction of the Commissioner to issue the order-in-revision and raised contentions regarding the issuance of a second show-cause notice and the doctrine of merger. However, the Tribunal did not delve into these arguments extensively. Instead, after considering both sides, it cited a High Court decision to resolve the issue at hand, indicating that the matter was no longer open for debate. The Tribunal's decision was guided by legal precedent, focusing on the substance of the case rather than procedural aspects.

Issue 3: Doctrine of merger:
While the appellant raised contentions related to the doctrine of merger, the Tribunal did not extensively discuss this aspect in the judgment. The Tribunal's primary focus was on the substantive issue of admissibility of CENVAT credit on office rent, guided by legal principles and precedents established by the High Court. The decision primarily revolved around the interpretation of relevant laws and rules governing the eligibility of CENVAT credit, rather than procedural or jurisdictional matters.

In conclusion, the Appellate Tribunal CESTAT Bangalore, under the judgment delivered by Shri B.S.V. Murthy, resolved the issues concerning the admissibility of CENVAT credit on office rent of unregistered premises, the jurisdiction of the Commissioner to pass order-in-revision, and the doctrine of merger. The judgment emphasized the legal interpretation of CENVAT credit rules and relevant precedents, ultimately ruling in favor of the appellant based on established legal principles and the absence of a statutory requirement for separate office registrations under centralized registration.