2017 (7) TMI 985 - AT - Central Excise

Tribunal allows appeal on Cenvat Credit disallowance for service tax distribution

The Tribunal allowed the appellant's appeal in a case concerning the disallowance of Cenvat Credit on service tax distribution by an Input Service ... CENVAT credit - input credit distribution - job-work - the Service Tax credit taken by Howrah unit on the basis ISD Invoice/Challan issued by the head office (Service Distributor) has been denied under Rule 7(b) of the Cenvat Credit Rules as the goods manufactured by the Bhadreawar unit were exempted vide N/N. 8/2005-ST dated 01.03.2005 - Held that: - Rule 4(5)(a) provides that Cenvat Credit on inputs shall be allowed even if any inputs as such or after being partially processed are sent to a job worker and after re-processing therefrom are received back by the manufacturer within the stipulated period - Thus, it is clear that the processed material of the Bhadreshwar Unit has been sent back to the Howrah unit who used it in the manufacture of the final product and cleared on payment of duty. It cannot be said that the Bhadreshwar Unit is exclusively engaged in manufacture of the exempted goods - Rule 7(b) of CCR debarred the distribution of credit of Service Tax attributable to Service Tax used by one or more units exclusively engaged in the manufacture of exempted goods or providing of exempted services shall not be distributed. Rule 4(5)(a) has not given any exemption from the levy of duty on the job-worked material. Therefore, the findings of the lower authorities cannot be sustained. Appeal allowed - decided in favor of appellant. Issues:Disallowed Cenvat Credit on service tax distribution by Input Service Distributor (ISD) to manufacturing unit exclusively engaged in exempted goods production.Analysis:The case involved a dispute regarding the disallowance and recovery of Cenvat Credit on service tax distribution by an Input Service Distributor (ISD) to a manufacturing unit exclusively engaged in the production of exempted goods. The appellant, engaged in manufacturing forged alloy and non-alloy steel, had a Bhadreswar unit on leasehold premises, which was considered a job-worker exclusively dealing with exempted goods. The Adjudicating Authority denied the Cenvat Credit and imposed penalties, which was upheld by the Commissioner(Appeals), leading to the present appeal.The appellant argued that the Bhadreswar unit was not exclusively engaged in manufacturing exempted goods as it was a job-worker for the Howrah unit, which paid duty on the final products. The appellant relied on legal precedents to support their claim, emphasizing the interpretation of Rule 7(b) of the Cenvat Credit Rules, which restricts credit distribution for units exclusively involved in exempted goods production.The Revenue, represented by the ld.AR, supported the lower authorities' findings, pointing out the specific portions of the adjudication order. However, upon thorough examination, the Tribunal found that the Bhadreswar unit was not solely engaged in manufacturing exempted goods. The processed materials from this unit were sent back to the Howrah unit, where duty was paid on the final products, indicating non-exclusivity in exempted goods production. The Tribunal interpreted the relevant rules defining exempted goods and services to conclude that the job-worked materials did not fall under the exempted category due to duty payment by the Howrah unit.Based on the detailed analysis, the Tribunal set aside the impugned order, allowing the appeal filed by the appellant. The judgment emphasized the distinction between exclusive engagement in exempted goods production and the duty payment aspect, ultimately ruling in favor of the appellant on the grounds of non-exclusivity and compliance with duty payment obligations.This comprehensive analysis of the legal judgment highlights the intricate interpretation of Cenvat Credit Rules, the application of precedents, and the crucial distinction between exclusive engagement in exempted goods production and duty payment obligations, leading to the final decision in favor of the appellant.