2019 (2) TMI 1294 - AT - Central Excise

CENVAT Credit - input service - commission paid to their foreign commission agent as a service recipient - Held that - This Tribunal in the case of Stanely Seating 2017 (1) TMI 972 - CESTAT BANGALORE has held that the assessee is entitled to CENVAT credit on sales commission - credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
Appeal against rejection of CENVAT credit on service tax paid to foreign commission agent.

Analysis:
The appellants, manufacturers and exporters of rubber and plastic products, appealed against the rejection of CENVAT credit on service tax paid to their foreign commission agent. The Revenue denied the credit, alleging the service did not qualify as an input service. Show-cause notices were issued, demands confirmed, and penalties imposed. The Commissioner(Appeals) upheld the decision, leading to the present appeals.

The appellant's counsel argued that the lower authorities misinterpreted the definition of input service under Rule 2(l) of CENVAT Credit Rules, 2004. They contended that the foreign commission agent's services were wrongly classified as that of a mere selling agent, not falling under the definition of input service. The counsel referenced the inclusive part of the input service definition, arguing that sales promotion activities, including those of the foreign agent, should qualify. They cited various tribunal decisions in support of their argument.

In contrast, the Revenue's representative defended the impugned order, citing other tribunal decisions to support their stance. After hearing both sides and examining the records, the Tribunal found the issue to be settled by previous decisions. Notably, in the case of Stanely Seating, the Tribunal had ruled in favor of allowing CENVAT credit on sales commission, emphasizing the direct nexus between sales promotion activities and manufacturing. The Tribunal also referenced the High Court decision in Ambika Overseas, supporting the link between sales commission and sales promotion.

Ultimately, the Tribunal held that the impugned order was not sustainable in law and set it aside, allowing the appeals of the appellant. The decision was based on the established nexus between sales commission, sales promotion, and manufacturing activities. The Tribunal's ruling aligned with previous decisions and interpretations of the relevant rules, providing consequential relief to the appellant.

In conclusion, the Tribunal's detailed analysis and reliance on precedent highlighted the importance of correctly interpreting the definition of input service in CENVAT credit cases involving foreign commission agents. The decision emphasized the direct relationship between sales activities, promotion, and manufacturing, ultimately leading to the allowance of the appellant's appeals.