2017 (4) TMI 152 - AT - Service Tax

CENVAT credit - works contract - value of the transfer of property in goods - composition scheme - Held that - Under the CENVAT scheme, the CENVAT credit is passed on by using the invoice documents, which are to be transferred to the buyer of the goods only. Here buyer of the goods is the contractor and not the Appellant M/s Bharat Oman Refineries Ltd. When the buyer M/s Petron Engineering Constructions Ltd., who is the contractor, cannot take CENVAT credit of their input goods, they are not eligible to pass on the CENVAT credit on the said input goods. In other words, the Cenvat credit to which the contractor themselves are not entitled to, the said cenvat credit cannot be transferred to anyone - appeal dismissed - decided against appellant.

Summary

Issues:
1. Disallowance of Cenvat credit and penalty imposition on the Appellant assessee.
2. Admissibility of Cenvat credit to the Appellant in a works contract scenario.
3. Interpretation of Works Contract (Composition Scheme for Payment of Service Tax) Rules 2007.
4. Applicability of case laws in determining Cenvat credit eligibility.
5. The impact of the contractor's payment of service tax under the Composition Scheme on Cenvat credit entitlement.

Analysis:
1. The case involved an appeal by M/s Bharat Oman Refineries Ltd. against the disallowance of Cenvat credit and imposition of a penalty by the Commissioner. The disallowed credit amounted to ?4,70,64,486 along with interest. The dispute arose from the contractor's payment of service tax under the Composition Scheme, affecting the Cenvat credit entitlement of both the service provider and the recipient.

2. The Appellant argued that Cenvat credit should be admissible to them for goods not claimed by their contractor, relying on a High Court decision. However, the Revenue contended that once the Composition Scheme is chosen, the recipient cannot claim Cenvat credit on input goods. The Revenue cited a relevant case law to support their position.

3. The Tribunal analyzed the Works Contract (Composition Scheme for Payment of Service Tax) Rules 2007, emphasizing that under this scheme, service tax is paid at a reduced rate of 4% on the gross amount charged for the works contract. The Rules explicitly state that the provider of taxable service cannot claim Cenvat credit on inputs used in the works contract.

4. The Tribunal considered the applicability of case laws in determining Cenvat credit eligibility. It was observed that the contractor's choice to pay service tax under the Composition Scheme precludes the recipient from availing Cenvat credit on input goods. The Tribunal highlighted that indirect transfer of Cenvat credit is impermissible when the contractor is ineligible for such credit.

5. Ultimately, the Tribunal upheld the disallowance of Cenvat credit to the Appellant, noting that the contractor's payment under the Composition Scheme restricted the Appellant's entitlement to such credit. The decision emphasized that the contractor's inability to claim Cenvat credit on input goods precludes its transfer to the recipient. The appeal was dismissed as lacking merit, affirming the impugned order.

This detailed analysis of the judgment highlights the key legal issues, arguments presented by both parties, relevant legal provisions, and the Tribunal's reasoning leading to the dismissal of the appeal.