2016 (11) TMI 41 - AT - Central Excise

Cenvat credit - Input service distributor - Held that - whether CENVAT credit can be availed by manufacturing unit before the registration of Input Service Distributor is now settled in favour of the appellant by the judgement of Hon ble High Court of Gujarat in the case of Commissioner of Central Excise v. Dashion Ltd.2016 (2) TMI 183 - GUJARAT HIGH COURT - it was found that full records were maintained and the irregularity, if at all, was procedural and when it was further found that the records were available for the Revenue to verify the correctness, the Tribunal, in our opinion, rightly did not dis-entitle the assessee from the entire Cenvat credit availed for payment of duty - Decided in favor of the assessee.

Summary

Issues involved: Denial of CENVAT credit on services received by the appellant.

Analysis:
The case revolves around the denial of CENVAT credit on services received by the appellant during a specific period. The departmental officers objected to the credit claimed by the appellant as the services were invoiced in the name of the Head Office. The appellant initially reversed the credit but later re-availed it after the Head Office obtained Input Service Distributor Registration. The crux of the Revenue's argument was that the appellant could not claim credit for services already reversed and utilized by the Head Office before obtaining ISD Registration.

The key legal question was whether a manufacturing unit could avail CENVAT credit before the registration of an Input Service Distributor. This issue had been settled in favor of the appellant by a judgment of the Hon'ble High Court of Gujarat in the case of Commissioner of Central Excise v. Dashion Ltd. The High Court upheld the decision of the Tribunal in the case of Precision Wires India Ltd., establishing the precedent that CENVAT credit could indeed be availed before ISD Registration. In light of this legal position, the presiding Member set aside the impugned order and allowed the appeal, granting consequential relief as applicable.

This judgment provides clarity on the eligibility of manufacturing units to claim CENVAT credit before the registration of an Input Service Distributor, aligning with the legal precedents established by the High Court and Tribunal decisions. The appellant's right to avail the credit on services received, even after reversal, was upheld, emphasizing the importance of adherence to established legal principles in matters of indirect taxation.