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Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

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PJ/Case Laws/2010-11/1059

Cenvat Credit on Air Travel Agent's service & Tour Operator service

Case: Sachins Impex v/s Commissioner of Central Excise, Belapur
 
Citation: 2011-TIOL-82-CESTAT-MUM
 
Issue:- Whether Air Travel service and Tour Operator service are input services on which cenvat credit will be admissible under CCR, 2004?
 
Brief Facts:- Assessee are engaged in the manufacture of excisable goods falling under Chapter 73 & 76 and are availing Cenvat credit on inputs, capital goods and service tax paid on various input services. They availed Cenvat credit on Air Travel Agent services and Tour Operator services. Department initiated proceedings against the assessee on the ground that they are not eligible for Cenvat credit on Air Travel services and tour operator services. The Lower Adjudicating Authority confirmed the demand and imposed equal amount of penalty.
 
In appeal, the Commissioner (Appeal) denied credit of service tax on account of air travel agent service and allowed cenvat credit in case of tour operator service.
 
Both Assessee and Revenue are in appeal before the Tribunal.
 
Assessee’s Contentions:- Assessee contented that the air travel service is essential for development of their products and their representatives to have visit abroad to see the requirements and progress in their products and in this way there is nexus with the manufacture of their products and they are entitled for cenvat credit of the service tax paid on this service. In support of their contention they placed reliance upon the decision of the Tribunal in the Case of CCE, Ahmedabad vs. Fine Care Biosystems [2009-TIOL-1352-CESTAT-MUM] and Semco Electrical Pvt. Ltd. vs CCE, Pune [2010-TIOL-162-CESTAT-MUM].
 
Regarding tour operator service, the assessee pointed out that the service tax paid in this regard is used in transporting the employees of the assessee and the Commissioner (Appeals) has rightly allowed them the Cenvat credit. Reliance placed on the case on Santansen Toyotetsu India Pvt. Ltd vs CCE [2009 (14) STR 316 (Tri. Bang)] and CCE Nasik vs. Cable Corporation of India Ltd [2008-TIOL-1180-CESTAT-MUM].
 
Revenue’s Contentions:- In case of Cenvat Credit on tour operator service, the contention of the department is that there is no nexus of the services in or in relation to the manufacture of the goods. They also pointed out that in the case of Tribunal’s decision in the case of Cable Corporation of India Ltd., the department has not accepted the decision and they have filed the appeal and it has not reached finality.
 
Reasoning of Judgment:- With regard to admissibility of credit on Air travel agency service, the Tribunal relied upon the ratio laid down in the case of Fine Care Biosystems wherein it was held that as air travel performed for purpose of company business, the credit is admissible and, accordingly, decided in favour of the assessee. Reliance was also placed on judgment given in Semco Electrical Pvt Ltd. Accordingly, it was held that the order of the Commissioner (Appeal) is not maintainable. Cenvat credit was admissible on Air Travel agent service.
 
As regard the Cenvat credit on Tour Operator service, the Tribunal noted that the assessee had contented that what is being considered for tour operators service is in fact transportation of their employees to their factory.  The above fact is not disputed by the department. It was noted that the Tribunal in the case of Cable Corporation of India Ltd had allowed Cenvat credit on Rent-a-cab service used for bringing employees to work in the factory for manufacture of goods. It has to be considered as being used indirectly in relation to the manufacture or as a part of business activity. To this Revenue had pointed out that the decision has not reached finality, since the department is contesting it. However, he could not produce any order modifying or staying the operation of the said order. The above decision is applicable to the facts of the Assessee’ case. Therefore, there is no infirmity in the order of the Commissioner (Appeal). No merit in the appeal filed by the Revenue. Revenue’s appeal dismissed.
 
Decision:- Appeals are disposed of in the above manner. Cross objections are also disposed of.

Comment:- This is very important decision. The audit is disallowing this credit to the manufacturers. But the High Courts have also held in case of Coca cola as well as in case of Ultratech Cement that the credit will be allowed on every business expenditure. Even it has distinguished that the Apex Court decision in case of Maruti Suzuki will not be applicable in case of input services. It will be applicable only on inputs. Even in case of inputs also, the matter has been referred to Larger Bench by Apex Court in case of Ramala Sahkari Chini Mills Limited, U.P. v/s Union of India.

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