2021 (6) TMI 948 - AT - Central Excise

CESTAT AHMEDABAD: Appellant wins Service Tax credit appeal under reverse charge mechanism

Wellknown Polyester Ltd Versus C.C.E. & S.T. -Daman

The Appellate Tribunal CESTAT AHMEDABAD allowed the appeal in favor of the appellant concerning the availment of Service Tax credit under the reverse ... Service Tax Credit - supplementary challan issued in a case involving suppression, mis-declaration, etc. - reverse charge mechanism - Rule 9(1)(c) of the Cenvat Credit Rules, 2004 - HELD THAT:- The issue is squarely covered by the decision of Tribunal in the case of NISSAN MOTOR INDIA PRIVATE LTD. VERSUS COMMISSIONER OF SERVICE TAX, CHENNAI [2019 (2) TMI 1299 - CESTAT CHENNAI] where it was held that When additional duty is paid under reassessment or on being pointed out by the Revenue then the credit of such duty paid will be admissible as Cenvat credit to the appellant under Rule 9(1)(c) of the Cenvat Credit Rules, 2004. The credit was rightly availed by the appellant and accordingly the appeal filed by the appellant is required to be allowed. Appeal allowed - decided in favor of appellant. Issues Involved:- Availment of Service Tax credit under reverse charge mechanism based on supplementary challan- Interpretation of Rule 9 (bb) and Rule 9 (e) of the CCR 2004- Applicability of previous judgments on similar mattersAnalysis:Availment of Service Tax credit under reverse charge mechanism based on supplementary challan:The central issue in this case pertains to the availment of Service Tax credit under the reverse charge mechanism based on a supplementary challan. The Tribunal examined whether the Service Tax credit could be availed when the tax was paid by the service recipient under reverse charge, even in cases involving suppression, mis-declaration, etc. The Tribunal referenced the decision in the case of Nissan Motor India Pvt Ltd. to address this issue. It was argued that the tax amount paid under reverse charge mechanism falls under Section 9 (e) of the CCR 2004, not Rule 9 (bb). The Tribunal found this contention legally sound, emphasizing that the demand made for payment under reverse charge basis aligns with Rule 9(e) and not Rule 9(bb) of the CCR 2004. The decision in Essar Oil Ltd. Vs CCE Rajkot was also cited to support this interpretation, further strengthening the argument in favor of the appellant.Interpretation of Rule 9 (bb) and Rule 9 (e) of the CCR 2004:The Tribunal delved into a detailed analysis of the interpretation of Rule 9 (bb) and Rule 9 (e) of the CCR 2004. It was highlighted that the payment of differential duty resulting from re-assessments concerning imported capital goods should be considered under Rule 9(1)(c) of the Cenvat Credit Rules, 2004. Various legal precedents were cited to support this interpretation, including judgments from Delhi CESTAT and Karnataka High Court. The Tribunal emphasized that when additional duty is paid under reassessment or upon being pointed out by the Revenue, the credit of such duty should be admissible as Cenvat credit under Rule 9(1)(c) of the Cenvat Credit Rules, 2004. This detailed analysis provided a robust legal foundation for the appellant's position regarding the interpretation of the relevant rules.Applicability of previous judgments on similar matters:Furthermore, the Tribunal examined the applicability of previous judgments on similar matters to the case at hand. References were made to the provisions of Rule 11(3) and Rule 11(7) of the Central Excise Rules, 2002, along with Rule 9(a)(ii) of the Cenvat Credit Rules, 2004, to establish the admissibility of credit based on sale invoices. Legal precedents from various High Courts and CESTAT decisions were cited to support the argument that the appellant's claim for credit was justified under the prevailing legal framework. The Tribunal's reliance on these precedents reinforced the appellant's position and ultimately led to the setting aside of the impugned order, with the appeal being allowed in favor of the appellant.In conclusion, the judgment by the Appellate Tribunal CESTAT AHMEDABAD provides a comprehensive analysis of the issues related to Service Tax credit under reverse charge mechanism, the interpretation of relevant rules, and the applicability of previous judgments. The detailed examination of legal provisions, precedents, and specific case circumstances resulted in a favorable decision for the appellant, highlighting the importance of legal clarity and adherence to established principles in tax matters.