2025 (10) TMI 453 - AT - Service Tax

Appellants entitled to CENVAT credit for excess reverse charge service tax under Rule 3(1) CCR 2004 despite invoice name issues

M/s Woodward India Private Limited Versus Commissioner of Central Excise, Goods & Service Tax, Gurugram

CESTAT Chandigarh allowed the appeal, holding that appellants are entitled to CENVAT credit of excess service tax paid under the reverse charge mechanism ... Disallowance of CENVAT Credit - excess service tax paid under reverse charge mechanism - inadmissibility of credit for the reason that the invoice raised by the service provider was in the name of the premises which is not registered. CENVAT credit on excess service tax paid under reverse charge mechanism - HELD THAT:- In terms of Rule 3(1) of CCR 2004, the appellants are eligible to take CENVAT credit of the duty paid irrespective of the fact as to whether such duty is payable or not. We also find that the appellants cannot be forced to avail an exemption contained in the Notification No.17/2004. It is also found that CBEC Circular No.877/15/2008-CX dated 17.11.2008 clarified to the effect that the entire amount of the duty paid by the manufacturer, as shown in the invoice, would be admissible as credit. Admissibility of CENVAT credit on the strength of the invoices in the name of the unregistered premises - HELD THAT:- This issue is also covered by the decision of the Tribunal in the case of m-Portal (India) Wireless Solutions Pvt. Ltd. [2011 (9) TMI 450 - KARNATAKA HIGH COURT] wherein the Tribunal finds that 'As is clear from the order of the original authority in the show cause notice, they have categorically called upon the assessee to furnish the particulars of the taxes paid on input services. They called upon the assessee to produce the invoices, bills, receipts to substantiate their claim for their verification. The assessee would be entitled to the refund of the Cenvat credit only on his proof that he has paid input Service tax.' The impugned order is not maintainable on both the issues as the issues are no longer res integra - Appeal allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether CENVAT credit is admissible for service tax paid under the reverse charge mechanism on technical know-how and royalty payments without deducting an abatement attributable to R & D cess where an exemption notification conditionally relieves payment of duty. 2. Whether CENVAT credit can be denied where invoices for input services (rental services) are raised in the name of a premises address that is not separately registered, notwithstanding that the services were received and used for taxable output services. 3. Whether the demand for duty for the period April 2008 to September 2011 is time-barred when the extended period is invoked without specific allegations of suppression with intent to evade tax, and whether penalties are consequently imposable. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Admissibility of CENVAT credit of service tax paid on reverse charge (R & D cess abatement claimed): Legal framework Rule 3(1) of the Cenvat Credit Rules, 2004 permits availment of credit of duty/service tax paid on inputs and input services. An exemption notification conditionally exempts certain payment of duty but does not make availment of exemption mandatory. Administrative clarification provides that the amount of duty shown as paid in the invoice is admissible as credit. Precedent Treatment The Tribunal and High Court decisions addressing payment of duty despite conditional exemption and consequent credit have been applied by the Court to support that actual payment as shown in the invoice entitles the recipient to credit. These precedents were followed rather than distinguished or overruled. Interpretation and reasoning The Court reasoned that Rule 3(1) entitles the assessee to take credit of duty/service tax actually paid, regardless of whether duty was payable in law; the exemption is conditional and optional, so a recipient cannot be compelled to avail it. The CBEC circular affirming admissibility of the amount shown in the invoice reinforces that actual payment confers credit entitlement. The position was found to be settled by subsequent departmental appellate decisions on analogous periods. Ratio vs. Obiter Ratio: CENVAT credit is admissible where service tax is shown as paid in the invoice (including reverse charge payments on technical know-how/royalty), and the recipient need not be forced to avail a conditional exemption; Rule 3(1) and the administrative circular support this entitlement. Obiter: Observations on revenue neutrality and subsequent departmental orders favourable to the assessee serve as supportive context but are not necessary to the legal ratio. Conclusion The disallowance of CENVAT credit on the ground that an R & D cess abatement should have been availed is not sustainable; credit taken of service tax actually paid under reverse charge on technical know-how and royalty is admissible. Issue 2 - Admissibility of CENVAT credit where invoices are in the name of an unregistered premises: Legal framework The Cenvat Credit Rules do not prescribe registration of the recipient's premises as a condition precedent for claiming credit. Entitlement to credit depends on proof of payment and that the services were received and used in the course of provision of taxable output services. Authorities can call for invoices, bills and receipts for verification. Precedent Treatment The Tribunal's prior decisions holding that absence of registration of the recipient's premises is not a statutory ground to deny credit were applied and followed by the Court. Those decisions were used to set aside findings that denied credit solely on the ground of non-registration. Interpretation and reasoning The Court found no provision in the Rules requiring registration of the premises as a precondition to credit. A procedural lapse such as non-registration does not ipso facto disentitle an assessee to credit where the service was actually received and used for taxable outputs and where documentary proof can substantiate the claim. However, entitlement remains contingent on production of invoices and evidence of payment for verification by authorities. Ratio vs. Obiter Ratio: Non-registration of the recipient's premises is not a statutory ground for denial of CENVAT credit; credit can be allowed if the assessee proves receipt and use of the input service and payment as per invoices. Obiter: Emphasis on procedural requirement to furnish particulars for verification clarifies administrative process but does not alter the legal entitlement. Conclusion The disallowance of credit solely because invoices were in the name of an unregistered premises is unsustainable; the assessee is entitled to credit upon proof of payment and use of the services for taxable outputs, subject to verification. Issue 3 - Invoking extended period and liability to penalties: Legal framework The extended period for demand requires specific allegations of suppression with intent to evade payment of tax. Where extended period is invoked without such specific findings, the demand may be time-barred. Penalties depend on the sustainment of the demand and the existence of culpable suppression or deliberate evasion. Precedent Treatment Authorities and decisions referred to by the parties indicate that extended limitation cannot be invoked absent material showing suppression or intent; these principles were referenced as part of the appellants' submissions. The Court did not separately decide this issue on elaborate precedent analysis because the primary issues disposed of rendered the demand unsustainable. Interpretation and reasoning The Court observed that because the substantive disallowances were not maintainable, the consequential invocation of extended period and imposition of penalties could not stand. The appellants' bona fide belief and audit-initiated scrutiny were noted as factors negating the requisite intent for extended limitation and penalties; however, detailed adjudication of limitation and penalties was not necessary once the substantive credit issues were resolved in favour of the appellant. Ratio vs. Obiter Obiter (primarily): The observations on time-bar and penalties are consequential and ancillary to the main ratios; the Court's principal holdings on credit entitlement render further determination of extended period and penalties unnecessary for the decision. Conclusion Given that the substantive demands premised on disallowance of CENVAT credit are not maintainable, invocation of extended period without allegations of suppression with intent and imposition of penalties are not sustainable in the facts of the case; detailed adjudication of limitation and penalties was not required. Disposition The impugned order was set aside and the appeal allowed on the grounds that (i) credit of service tax actually paid under reverse charge for technical know-how and royalty is admissible notwithstanding conditional exemption, and (ii) credit cannot be denied solely because invoices were in the name of an unregistered premises, subject to verification of payment and use.