2015 (10) TMI 1329 - AT - Central Excise

Appeal allowed for utilizing bank guarantees, emphasizing importance of verifying service tax amount with banker.

M/s UV Boards Ltd. Versus Commissioner of Central Excise, Chennai-II

The appeal was allowed, recognizing the business necessity of utilizing bank guarantees and emphasizing the importance of verifying the service tax amount ... Denial of Input service credit - Credit on the basis of debit notes - Availing of the banker's service in the business world is inevitable. Therefore, banking and financial services provided to the appellant through a guarantor may not be ruled out. Usually when guarantee is provided that has always been supported by a guarantor. It was left open to examine by the authorities below from the banker to ascertain the amount of service tax involved. Without such examination mechanical disallowance of CENVAT credit is unwarranted. - Decided in favour of assessee. Issues:- Disallowance of CENVAT credit for service charge incurred by guarantor.- Appeal against denial of input service credit.- Examination of service tax amount involved in bank guarantee.Analysis:The judgment addresses the disallowance of CENVAT credit for the service charge incurred by a guarantor, which the learned counsel argues is attributable to the business and should not be denied. The appellant, supported by M/s. Uniply Industries as a guarantor, faced disallowance of the credit by both lower authorities. However, the entire disallowed amount was deposited during the appeal process before the Commissioner (Appeals). The Revenue supported the initial adjudication, leading to a hearing where both sides presented their arguments, and the records were examined.The Member (J) highlighted the inevitability of availing banking services in the business world, emphasizing that banking and financial services provided through a guarantor should not be disregarded. The judgment points out that guarantees are typically supported by guarantors, and it was deemed necessary for the lower authorities to verify the service tax amount with the banker instead of mechanically disallowing the CENVAT credit. The judgment concludes by acknowledging the business necessity of utilizing bank guarantees and allows the appeal while disposing of the stay application.In summary, the judgment underscores the importance of examining the service tax amount involved in bank guarantees before disallowing CENVAT credit, recognizing the essential role of banking services in business operations.