Telecom Manufacturer Appeals CENVAT Credit Denial, Tribunal Partially Allows, Revenue Challenges Decision

The appellant, a telecom apparatus parts manufacturer, faced a show cause notice for claiming CENVAT credit on office premises not in their registration certificate. The Order-in-Original demanded payment and penalty. The appellant argued that a previous notice covered the issue and that the premises were used for business. The Tribunal partially allowed the appeal, permitting credit for rent on condition of premises inclusion in the GST certificate and setting aside the penalty. The Revenue challenged the decision, leading to a partial allowance and direction for the appellant to provide evidence to the Adjudicating Authority.

---

---

Issues:
Allowance of CENVAT credit on rental of premises not included in registration certificate for the period 2008-09 and 2009-10.

Analysis:
The appellant, a manufacturer of telecom apparatus parts, was issued a show cause notice for taking CENVAT Credit on input invoices for office premises not included in their Central Excise Registration certificate. The notice alleged suppression of facts and invoked the extended period of limitation. The Order-in-Original confirmed a demand of Rs. 41,971 along with a penalty. The appellant contended in appeal that a previous notice on a similar matter barred the subsequent notice for the period in question. They argued that the services were used in the business, and the technical breach should not disallow credit. The Commissioner rejected the appeal citing failure to explain the address discrepancy and distinguished the previous notice.

The appellant appealed to the Tribunal, explaining that additional premises were taken due to business expansion, storing raw materials and finished products. They claimed continuous use of the premises for business, which was later included in the GST Registration certificate. Referring to a precedent decision, the appellant argued for the credit on rent. The Tribunal noted that the appellant contested only the credit for rent on premises not in the registration certificate. The appeal was allowed in part, remanding the matter to allow credit for the rent subject to premises inclusion in the GST certificate. The penalty was set aside due to the minor breach.

The Revenue relied on the impugned order, contending lack of proper evidence. The Tribunal considered the arguments and allowed the appeal in part, directing the appellant to appear before the Adjudicating Authority with supporting documents for further proceedings.

---