2022 (2) TMI 410 - AT - Service Tax

Tribunal overturns recovery order, finds appellant entitled to consequential benefits

BHARAT RUBBER WORKS PVT LTD Versus COMMISSIONER, CENTRAL EXCISE & CGST-JABALPUR

The Tribunal allowed the appeal, setting aside the Commissioner (Appeals)'s order for recovery of the proposed amount with a penalty. It held that the ... CENVAT Credit - input services - credit wrongly taken as per Rule (9) of CCR for want of supporting documents - reverse charge mechanism - seeking recovery of proposed amount with equal amount of penalty - HELD THAT:- The same amount of Cenvat credit of Rs.-3,32,102/- (excluding Cess) has also been shown as credit in the ER-1 Return, and the same have been rightly allowed without dispute to the Appellant, and also permitted to be carried forward to the GST regime. It is also found that the Assistant Commissioner have noted that the Cenvat credit arises from payment of Service Tax under ‘reverse charge mechanism’ which is supported by challans. Thus, there was situation of confusion both at the end of Revenue and end of the assessee, due to showing of the same credit in both the returns. The show cause notice itself should not have been issued in the facts of the case - Appeal allowed - decided in favor of appellant. Issues Involved:- Whether the appellant correctly transferred Cenvat credit to GST regime.- Whether the appellant wrongly availed Cenvat credit on input services without valid documents.- Whether the appellant is liable to pay Service Tax and penalty for the wrongly taken credit.- Whether the Commissioner (Appeals) correctly ordered recovery of the proposed amount with a penalty.Analysis:1. The main issue in this appeal was whether the appellant correctly transferred Cenvat credit to the GST regime. The appellant had taken the credit on input services and reflected it in their ER-1 return, which was then transferred to GST regime through form TRAN-1. The Revenue accepted the transfer of credit. However, an audit revealed that the appellant had also reflected the same credit in their ST-3 returns without valid documents. The Assistant Commissioner observed that since the credit was not transferred to the GST regime as shown in the ST-3 returns, it amounted to reversal, leading to the dropping of the demand and penalty.2. The second issue revolved around whether the appellant wrongly availed Cenvat credit on input services without valid documents. The Revenue issued a show cause notice proposing to demand Service Tax for the wrongly taken credit. The Assistant Commissioner found that the credit was taken correctly but dropped the demand due to the confusion regarding the transfer of credit to the GST regime. However, the Commissioner (Appeals) ordered the recovery of the proposed amount with a penalty, stating that the credit was wrongly taken as per Rule 9 of CCR for lack of supporting documents.3. The Tribunal, upon appreciating the facts, found that the confusion arose due to the same credit being reflected in both the ER-1 return and the ST-3 returns. The Tribunal noted that the Cenvat credit arose from the payment of Service Tax under the reverse charge mechanism, supported by challans. It was concluded that the show cause notice should not have been issued in this case. Therefore, the Tribunal allowed the appeal, setting aside the impugned order, and held that the appellant was entitled to consequential benefits in accordance with the law.This comprehensive analysis of the judgment highlights the key issues involved and the reasoning behind the Tribunal's decision, ensuring a thorough understanding of the legal implications and outcomes of the case.