2010 (12) TMI 83 - AT - Service Tax

Appellate Tribunal CESTAT Mumbai: Pre-deposit waived, impugned orders set aside, appeals allowed on input credit distribution.

The Appellate Tribunal CESTAT, Mumbai waived the requirement of pre-deposit, set aside the impugned orders, and allowed the appeals regarding the ... Distribution of input services - whether restriction on distribution of input credit relating to one unit of a manufacturer/service provider to another unit of the same manufacturer/service provider is required to be applied - Held that: - The combined reading of the Rule 7 and the clarificatory Circular dated 23-8-2007 clearly shows that there are only two restrictions regarding the distribution of the credit. The first restriction is that the credit should not exceed the amount of Service Tax paid. The second restriction is that the credit should not be attributable to services used in manufacture of exempted goods or providing of exempted services. There are no other restrictions under the rules. The restrictions sought to be applied by the Department in this case in limiting the distribution of the Service Tax credit made in respect of the Malur Unit on the ground that the services were used in respect of the Cuttack Unit finds no mention in the relevant rules. - Decided in favor of assessee. Issues Involved:Whether restriction on distribution of input credit relating to one unit of a manufacturer/service provider to another unit of the same manufacturer/service provider is required to be applied.Analysis:Issue 1: Restriction on distribution of input creditThe main issue in all four appeals before the Appellate Tribunal CESTAT, Mumbai was whether the restriction on the distribution of input credit from one unit of a manufacturer/service provider to another unit of the same entity needed to be enforced. The Ld. Advocate for the appellants argued that this was the central question in these appeals.Issue 2: Interpretation of Rule 7 and Circular dated 23-8-2007The Tribunal referred to a previous decision in the case of M/s. Ecof Industries Pvt Ltd. vs. CCE, Bangalore, where it was held that the restrictions on the distribution of credit were limited to two aspects. First, the credit should not exceed the amount of Service Tax paid, and second, the credit should not be linked to services used in the manufacture of exempted goods or provision of exempted services. The Tribunal emphasized that no other restrictions were mentioned in the rules. The Department's attempt to limit the distribution of Service Tax credit between different units of the same entity was deemed unjustified as it was not supported by the relevant rules.JudgmentBased on the precedent set by the earlier decision, the Appellate Tribunal CESTAT, Mumbai decided to waive the requirement of pre-deposit in all the appeals, set aside the impugned orders, and allowed the appeals. The Tribunal clarified that any additional restrictions on the distribution of Service Tax credit would require an amendment to the existing rules. The decision was made to align with the interpretation of Rule 7 and the Circular dated 23-8-2007, emphasizing the limited scope of restrictions on credit distribution as per the established legal principles.This comprehensive analysis of the judgment highlights the key issues addressed by the Tribunal and the legal reasoning behind the decision to resolve the matter in favor of the appellants.