2019 (7) TMI 1778

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....our units are located in Himachal Pradesh where the appellant is availing area based exemption under Notification No. 50/2003-CE. The appellant also export their products. In the event of export they discount the bills with the bankers who have raised invoice for bank charges and also charged service tax. The appellant is also registered as an ISD vide ST-2 certificate dated 05.05.2009, wherein their Udaipur office has been declared as ISD. Annexure A-4 to the registration certificate of ISD gives the names of various offices/ branches of the appellant which are 29 in number. During the period January to December, 2010, appellant had taken cenvat credit of service tax paid by their ISD amounting to Rs. 19,97,203/- in respect of 'Banking and....

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.... the period from April, 2009 to December, 2009. Further finding was recorded that the appellant has got registered office at Pratap Nagar, Udaipur. It was obvious that invoice would be in the name of M/s Secure Meters Limited, but it does not mean that the 'Banking and Financial Services' are received at M/s Secure Meters Limited, Udaipur unit, in the situation when they are also having other units, which are exempt. He further held that the appellant had wrongly availed cenvat credit of service tax paid for service received by the group entities other than assessee unit, in contravention of Rule 3(1) of Cenvat Credit Rules and hence the credit taken was irregular and disallowed. 4. Being aggrieved, the appellant preferred appeal before th....

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.... person authorised by him/it, for each of the recipients of the credit so distributed. This provision also specifies the particulars to be contained in such invoice/bill/ challan. Accordingly, the document should contain (i) the name, address and registration number of the provider of input service and the serial number & date of the invoice/ bill/ challan issued by the service provider, (ii) the name and address of the ISD (iii) the name and address of the recipient of the credit distributed and (iv) the amount of credit distributed. But, I find that no evidence has been put forth by the appellant that cenvat credit has been availed in accordance with the above statutory provision". 5. On the finding that appellant is not registered as an....