2019 (7) TMI 569 - AT - Service Tax

Appeal granted for cenvat credit on capital goods and input services

The Tribunal allowed the appeal, holding that the appellant was entitled to credit on capital goods, input services, and inputs distributed among ... CENVAT Credit - input services - repairs and maintenance services - denial on the ground that such input services were used by other SSA (Nagaur, Jaisalmer and Barmer) and not by appellant - HELD THAT:- The appellant – assessee have got a common PAN no. and is one organisation providing services throughout India. Further, their service tax registration number is similar (PAN based). The assessee is providing various service tax services - For the sake of administrative convenience, they have taken registration in different SSA (areas). However, admittedly they undertake repair and maintenance through their civil and electrical wing, which caters to several SSA’s. Further, cenvat credit of service tax / inputs or capital goods, is not confined to the registered premises, but can be availed even if capital goods are received beyond the registered premises for providing output services. The appellant is entitled to credit on capital goods, input services and inputs which are received in one SSA and are distributed to other SSA - Appeal allowed - decided in favor of appellant. Issues:1. Denial of cenvat credit on service tax paid for repairs and maintenance services used by other Secondary Switching Areas (SSAs) controlled by the appellant.2. Interpretation of Rule 3(5) of Cenvat Credit Rules, 2004 regarding the availability of credit on capital goods used outside the registered premises for providing output services.3. Applicability of input service distribution facility and revenue neutrality in the context of cenvat credit.Issue 1: Denial of Cenvat Credit on Service Tax for Repairs and Maintenance Services:The case involved the denial of cenvat credit to the appellant, a PSU providing telecommunication services, for service tax paid on repairs and maintenance services used by other SSAs controlled by the appellant. The appellant argued that all inputs, input services, and capital goods were used in an integrated manner for providing output services, and the credit was taken as per corporate office guidelines. The appellant relied on a ruling by the Hon'ble Madras High Court to support their claim that cenvat credit can be availed even if the capital goods are used outside the registered premises for providing output services. The Tribunal allowed the appeal, holding that the appellant was entitled to credit on capital goods, input services, and inputs distributed among different SSAs.Issue 2: Interpretation of Rule 3(5) of Cenvat Credit Rules, 2004:The Tribunal referred to the ruling of the Hon'ble Madras High Court regarding the availability of cenvat credit on capital goods used outside the registered premises for providing output services. The High Court affirmed that the removal of capital goods to other locations does not deny the right to avail cenvat credit. The Tribunal emphasized that Rule 3(5) of the Cenvat Credit Rules allows capital goods, inputs, and input services to be used outside the registered premises for providing output services under the Finance Act, 1994. The Tribunal held that the appellant was entitled to the credit on capital goods and input services used across different SSAs.Issue 3: Applicability of Input Service Distribution Facility and Revenue Neutrality:The Departmental Representative for the revenue argued that the appellant violated the intent of legislation by not availing the input service distribution facility, leading to the denial of cenvat credit. However, the Tribunal noted that the appellant, as one organization with a common PAN and service tax registration number, provided services throughout India. The Tribunal emphasized that the appellant's repair and maintenance activities through the civil and electrical wing served multiple SSAs, justifying the distribution of capital goods and input services among different SSAs. The Tribunal allowed the appeal, setting aside the impugned order and granting the appellant consequential benefits in accordance with the law.This judgment highlights the importance of an integrated approach to utilizing inputs, input services, and capital goods for providing output services, even across different locations, within the framework of the Cenvat Credit Rules and the Finance Act, 1994.