2012 (11) TMI 602 - AT - Service Tax

Appellants' Tax Credit Utilization Reviewed; Separate Accounts Required for Input Services

The judgment confirmed a demand of Rs. 7,33,168 against the appellants for providing taxable and exempted services without maintaining separate accounts ... Demand – assessee provided taxable services as well as exempted services – non- maintenance of separate accounts of inputs services and capital goods used - they were entitled to utilise only 20% of the credit - excess utilisation of Cenvat credit – Held that:- Restriction to use 20% of the credit in case of non-maintenance of separate Cenvat accounts for taxable and exempted services is only in respect of inputs service credit - matter remanded to original adjudicating authority for verification of the records and to restrict the credit utilisation only in respect of inputs service credit. Issues:1. Confirmation of demand against the appellants for providing taxable and exempted services without maintaining separate accounts.2. Interpretation of the restriction on credit utilization for input services and capital goods.3. Remand of the matter to the original adjudicating authority for verification and decision.Analysis:1. The judgment confirms the demand of Rs. 7,33,168 against the appellants due to their provision of taxable and exempted services without maintaining separate accounts for input services and capital goods. The appellants were found to have exceeded the permissible 20% credit utilization, leading to the confirmation of duty against them. The failure to segregate credits for different types of services resulted in the denial of excess Cenvat credit utilization.2. The advocate representing the appellants argued that the lower authorities erroneously considered the Service Tax availed on capital goods while applying the 20% utilization restriction, which, according to the advocate, should only apply to input service credit. Reference was made to previous tribunal decisions in the appellants' case, emphasizing that the 20% credit restriction pertains solely to input service credit. In light of these precedents, the judgment remands the matter to the lower authorities for segregating credits related to input services and capital goods to make a fresh decision based on this distinction.3. In line with the precedents cited and the argument presented by the advocate, the judgment sets aside the impugned order and remands the matter to the original adjudicating authority. The remand is for the purpose of verifying records, segregating credits specifically related to input services, and ensuring that credit utilization is restricted only concerning input service credit. This decision reflects the importance of accurately differentiating between credits for input services and capital goods to determine the appropriate utilization limits and avoid the misapplication of restrictions on Cenvat credit.