2022 (10) TMI 1075 - AT - Central Excise

Appeal allowed: Input service credit distribution upheld pre-April 2016

M/s. Shahi Food Product Versus Commissioner of CGST & Central Excise, Udaipur-Rajasthan

M/s. Shahi Food Product Versus Commissioner of CGST & Central Excise, Udaipur-Rajasthan - TMI Issues:- Whether input service credit distributed by one company to another can be denied based on specific rules under the CENVAT Credit Rules, 2004.Analysis:The main issue in this case revolves around the denial of input service credit distributed by one company to another based on the interpretation of rule 7 of the CENVAT Credit Rules, 2004. The appellant, a contract manufacturing unit, received input services from another company, and the question was whether this credit distribution was valid. The Commissioner (Appeals) initially allowed the credit from April 2016 but denied it for the period prior to this date. The appellant argued that the denial was incorrect, citing a decision by the Larger Bench of the Tribunal in a similar case.The appellant, engaged in manufacturing products for another company, claimed that the inputs were procured by the main company and supplied to them for manufacturing. The appellant utilized this credit for duty payments on products cleared for the main company. The dispute arose when a show cause notice was issued alleging irregular credit availing and suppression of facts by the appellant. The Assistant Commissioner confirmed a portion of the credit but denied some, leading to an appeal by the appellant.The key contention was whether the appellant was entitled to the credit distribution before April 2016. The appellant argued that rule 7 of the CENVAT Rules allowed for such distribution even before the amendment, and the substitution of the rule should have retrospective application. The Tribunal referred to the Authorization submitted by the main company, which accepted the appellant as a manufacturing unit, and the decision by the Larger Bench supported the appellant's position. The Tribunal held that the denial of credit by the Commissioner (Appeals) for the period before April 2016 was unjustified, and the appeal was allowed, setting aside the previous order.In conclusion, the judgment clarified the applicability of rule 7 of the CENVAT Rules regarding the distribution of input service credit between companies, emphasizing that such credit distribution could not be denied based on specific rules. The decision highlighted the importance of considering past practices and agreements between parties in determining the eligibility for input service credit.