Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/CASE LAW/2015-16/2863

Whether credit can be availed by centralized office on basis of documents pertaining to unregistered branch office?

Case:- KETAN MOTORS LTD. VERSUSCOMMISSIONER OF CENTRAL EXCISE, NAGPUR
 
Citation:-2015 (39) S.T.R. 858 (Tri. - Mumbai)
 
Brief facts:- The appellant is in appeal against Order-in-Appeal No. NGP/EXCUS/000/APPL/917/13-14, dated 11-11-2013 passed by Commissioner of Central Excise, Customs & Service Tax (Appeals), Nagpur, disallowing the credit of Rs. 1,24,886/- and Rs. 3,072/- and imposing a penalty of Rs. 1,32,453/- under Rule 15(3) of Cenvat Credit Rules, 2004.
There are three issues to be dealt with in this case. The first issue is availment of Cenvat credit of Rs. 1,27,958/- on documents pertaining to unregistered premises of the appellant at Chandrapur and Amravati. Whereas the service tax credit is taken in their centralized office at Nagpur. Secondly, the credit of Rs. 3,072/- pertaining to Nagpur office but the bills are not in the name of the appellant. Thirdly, the penalty of Rs. 1,32,453/- imposed on the appellant under Rule 15(3).
Heard both the sides and considered the submissions.
 
Appellant’s contention:- The learned Counsel submits that they have a centralized accounting office in Nagpur with branch offices at Chandrapur and Amravati. The services received and the input service tax credit availed thereon are reflected in Nagpur centralized accounting system. Similarly, the service tax on output service provided from Chandrapur and Amravati is paid from the Nagpur centralized office. He submits that they had applied for centralized registration in 2004, a copy of which is placed on record at page 49 of the appeal papers. The centralized registration was granted to them after follow up with the service tax department, on 26-3-2013. According to him the department has not raised any dispute regarding receipt of services at the branch office, the admissibility of credit on these services or the payment of service tax on output services provided from the branch office. The complete accounting is done in their Nagpur office. The only objection of Revenue is that they did not have a centralized registration and therefore, the input credit is not admissible.
As regards penalty he stated that the penalty has been wrongly imposed under Rule 15(3) of the Cenvat Credit Rules which relates to input services only.
 
Respondent’s contention:-The learned AR appearing on behalf of the Revenue reiterates the findings of the Commissioner and states that the appellant should have reconciled the figures of input service credit output service value and output service tax paid as reflected in their accounts with the ST-3 returns.
 
Reasoning of judgment:-As regards the first issue, they find that an application dated 16-12-2004 made by the appellant requesting for grant of centralized registration from 1-7-2001, is on record and the letter bears the stamp of the receipt by the department. In any case, the fact of this application having been made is mentioned in the order-in-original and is not disputed. However, the order-in-original states that the centralized registration was not applied for in the proper format and that the appellant had not produced any documents to the effect that they had applied for centralized registration. They find from the letter dated 16-12-2004 that the appellant has stated that they may be given permission to have only one registered place in terms of Rule 3(a) of the Service Tax Rules. This request can be considered as an application for centralized registration. Not applying in the proper format is not a reason to deny substantial benefit which should follow from the centralized registration. In any case, the centralized registration was granted subsequently on 26-3-2013. The department has not disputed that the input services were received at the branch office and further that they were utilised for providing output services. In fact perusal of the accounting records maintained at the Nagpur office shows the receipt of the services at branch office. Therefore, they see no reason to disallow the Cenvat credit of Rs. 1,24,886/- on the documents pertaining to the branch offices.
As regards the credit of Rs. 3,072/-, the learned Counsel stated that these pertain to services of telephone. The bills were addressed in the Director’s name but the office mentioned is the office premises of the appellant. Therefore, there is no ground to deny the service tax credit in this case and the same is allowed.
Having allowed the service tax credit, the question of imposing penalty does not arise.
The appeal is allowed.
 
Decision:-Appeal allowed.
 
Comment:- The analogy of the case is that appellant has take centralized registration and is eligible to avail credit pertaining to branch office. Notapplying in proper format for centralised registration cannot be reason to deny substantial benefit of cenvat credit. It is also undisputed that the Centralized registration was granted subsequently and input services received at branch office were utilized for providing output services. There is no reason to disallow credit on documents pertaining to branch office. The credit was also allowed on the telephone bills addressed in Director’s name but had mentioned office premises of assessee.

Prepared by:- Monika Tak 

PJ/CASE LAW/2015-16/2863

Case:- KETAN MOTORS LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, NAGPUR

 

Citation:- 2015 (39) S.T.R. 858 (Tri. - Mumbai)

 

Issue:- Whether credit can be availed by centralized office on basis of documents pertaining to unregistered branch office?

 

Brief facts:- The appellant is in appeal against Order-in-Appeal No. NGP/EXCUS/000/APPL/917/13-14, dated 11-11-2013 passed by Commissioner of Central Excise, Customs & Service Tax (Appeals), Nagpur, disallowing the credit of Rs. 1,24,886/- and Rs. 3,072/- and imposing a penalty of Rs. 1,32,453/- under Rule 15(3) of Cenvat Credit Rules, 2004.

There are three issues to be dealt with in this case. The first issue is availment of Cenvat credit of Rs. 1,27,958/- on documents pertaining to unregistered premises of the appellant at Chandrapur and Amravati. Whereas the service tax credit is taken in their centralized office at Nagpur. Secondly, the credit of Rs. 3,072/- pertaining to Nagpur office but the bills are not in the name of the appellant. Thirdly, the penalty of Rs. 1,32,453/- imposed on the appellant under Rule 15(3).

Heard both the sides and considered the submissions.

 

Appellant’s contention:- The learned Counsel submits that they have a centralized accounting office in Nagpur with branch offices at Chandrapur and Amravati. The services received and the input service tax credit availed thereon are reflected in Nagpur centralized accounting system. Similarly, the service tax on output service provided from Chandrapur and Amravati is paid from the Nagpur centralized office. He submits that they had applied for centralized registration in 2004, a copy of which is placed on record at page 49 of the appeal papers. The centralized registration was granted to them after follow up with the service tax department, on 26-3-2013. According to him the department has not raised any dispute regarding receipt of services at the branch office, the admissibility of credit on these services or the payment of service tax on output services provided from the branch office. The complete accounting is done in their Nagpur office. The only objection of Revenue is that they did not have a centralized registration and therefore, the input credit is not admissible.

As regards penalty he stated that the penalty has been wrongly imposed under Rule 15(3) of the Cenvat Credit Rules which relates to input services only.

 

Respondent’s contention:- The learned AR appearing on behalf of the Revenue reiterates the findings of the Commissioner and states that the appellant should have reconciled the figures of input service credit output service value and output service tax paid as reflected in their accounts with the ST-3 returns.

 

Reasoning of judgment:- As regards the first issue, they find that an application dated 16-12-2004 made by the appellant requesting for grant of centralized registration from 1-7-2001, is on record and the letter bears the stamp of the receipt by the department. In any case, the fact of this application having been made is mentioned in the order-in-original and is not disputed. However, the order-in-original states that the centralized registration was not applied for in the proper format and that the appellant had not produced any documents to the effect that they had applied for centralized registration. They find from the letter dated 16-12-2004 that the appellant has stated that they may be given permission to have only one registered place in terms of Rule 3(a) of the Service Tax Rules. This request can be considered as an application for centralized registration. Not applying in the proper format is not a reason to deny substantial benefit which should follow from the centralized registration. In any case, the centralized registration was granted subsequently on 26-3-2013. The department has not disputed that the input services were received at the branch office and further that they were utilised for providing output services. In fact perusal of the accounting records maintained at the Nagpur office shows the receipt of the services at branch office. Therefore, they see no reason to disallow the Cenvat credit of Rs. 1,24,886/- on the documents pertaining to the branch offices.

As regards the credit of Rs. 3,072/-, the learned Counsel stated that these pertain to services of telephone. The bills were addressed in the Director’s name but the office mentioned is the office premises of the appellant. Therefore, there is no ground to deny the service tax credit in this case and the same is allowed.

Having allowed the service tax credit, the question of imposing penalty does not arise.

The appeal is allowed.

 

Decision:- Appeal allowed.

 

Comment:- The analogy of the case is that appellant has take centralized registration and is eligible to avail credit pertaining to branch office. Not applying in proper format for centralised registration cannot be reason to deny substantial benefit of cenvat credit. It is also undisputed that the Centralized registration was granted subsequently and input services received at branch office were utilized for providing output services. There is no reason to disallow credit on documents pertaining to branch office. The credit was also allowed on the telephone bills addressed in Director’s name but had mentioned office premises of assessee.

Prepared by:- Monika Tak

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com