2016 (9) TMI 99

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....ax liability under the category of Banking & Financial Services, Business Auxiliary Services Business Support Services Management & Consultancy Services and Sponsorship Services. It is noticed by the lower authorities during the course of audit of records of the appellant, that they had discharged service tax liability under reverse charge mechanism for the commission paid by them to various mutual funds agents/distributors and availed credit of such tax paid. The Revenue authorities were of the view that the services received from mutual fund agents and distributors are not covered under the category of input services as defined under Rule 2(l) of Cenvat Credit Rules, 2004 and the appellant availing CENVAT credit of such amount p....

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....redit, the Bench considered various decisions of the High Courts as also the SEBI (Mutual Fund) Regulations Act, 1996. We reproduce the ratio which is in paragraphs 12 and 13. 12. The second appeal relates to availment of credit on brokerage fee and we find that during the period under dispute the levy of service tax is on the commission paid to the brokers on the brokerage charges and the tax is to be paid by the appellant as recipient of services under reverse charge mechanism. The taxability and payment of service tax on the commission by the appellant is not under dispute and the adjudicating authority denied credit only on the ground that service tax paid on the brokerage is not an eligible input service. Adjudicating authorit....

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....rt's order is reproduced as under :- "6. The aforesaid issue involved in these appeals, is no more res integra in view of the decision rendered by the Tribunal in the case of Commissioner of Central Excise, Goa, v. Essel Pro-pack Ltd. reported in 2007 (8) S.T.R. 609 (Tri- Mumbai)= 2007-TIOL-1643-CESTAT-MUM wherein it was held as under : ... ... ... 5. I agree with reason adopted by the Commissioner (Appeals). The Revenue in their appeal has nowhere contended as to what the specified document for availing credit during the relevant time. If no document was mentioned, TR, challan has to be considered as the proper document reflecting payment of duties. Further, it is also not the Revenue's case that the serv....

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....uty payment is not disputed and it is found that the documents are genuine and not fraudulent, then the manufacturer would be entitled to CENVAT credit on duty paid inputs. 9. In the present case, the authorities below have accepted that the respondents are entitled to such Cenvat Credit. The only point for consideration, in such circumstances is the type of document required to be produced to avail of such credit . The respondents have produced the TR 6 Chahar which is emanated from the office of the appellants themselves to support their claim for such CENVAT Credit, which material was accepted by the authorities below whilst passing the impugned order. 10. For the aforesaid reasons, the question of discarding the said C....