2014 (5) TMI 465 - AT - Service Tax

Appeal allowed in favor of appellant, clarifying admissibility of service tax credit.

M/s. Patel Air Freight Versus Commissioner of Central Excise & ST., Vadodara

The appeal was allowed in favor of the appellant, with consequential relief granted. The judgment clarified that if no evidence is presented that reduced ... Cenvat credit on the Service Tax paid - Payment of bills made at discounted rates - Held that:- No evidence has been brought on record that reduced service tax has been paid by the appellant to the service provider. On the basis of facts available on records, credit of full service tax shown to have been paid on the duty paying document will be admissible to the appellant in view of the CBEC Circulars relied upon by the appellant. - Decided in favour of assessee. Issues Involved:Appellant claiming cenvat credit on Service Tax paid by the service provider at a discounted value.Analysis:The judgment pertains to a stay application and appeal against an order passed by the Commissioner (Appeals) regarding the appellant's cenvat credit claim on Service Tax paid by the service provider at a discounted value. The appellant relied on CBEC Circulars to support their case. The Circulars clarified that the entire amount of duty paid by the manufacturer, as shown in the invoice, would be available as credit, even if the price is reduced post-clearance. The Circular also addressed situations where the receiver of input service does not pay the full invoice value and the service tax due to various reasons. The Circular emphasized that if the service charges and service tax have been paid in any prescribed manner entitled to be called 'gross amount charged,' then credit should be allowed. It further stated that in cases of discounted payments, the reduced amount should be considered as the final payment towards the service, entitling the service receiver to take credit if the service tax has been paid to the service provider.The judgment analyzed the issues in detail, focusing on whether cenvat credit can be claimed in scenarios involving discounted payments and clarified the interpretation of relevant rules and Circulars. It concluded that if no evidence is presented that reduced service tax has been paid by the appellant to the service provider, credit of the full service tax shown to have been paid on the duty paying document will be admissible to the appellant. The appeal was allowed in favor of the appellant, with consequential relief granted. The judgment highlighted the importance of complying with payment requirements and the relevance of Circulars in determining the admissibility of cenvat credit in cases of discounted payments, providing a clear legal interpretation of the issue at hand.This detailed analysis of the judgment showcases the application of legal principles, Circulars, and precedents to resolve the dispute regarding cenvat credit claimed on Service Tax paid at a discounted value, emphasizing the significance of payment compliance and adherence to relevant regulations in determining credit eligibility.