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 /2016-17/3303

Whetherservice tax credit for the charges paid for accommodation of employees at the Guest House at Gurgaon managed by their Head Office is permissible ?


Case:-  CASTEX TECHNOLOGIES LTD. Versus COMMISSIONER OF C. EX. & S.T., ALWAR
 
 
Citation:- 2016 (44) S.T.R. 477 (Tri. - Del.)
 
Issue:- Whetherservice tax credit for the charges paid for accommodation of employees at the Guest House at Gurgaon managed by their Head Office is permissible ?
 
Brief Facts:-The appeal is against order dated 13-1-2016 of Commissioner (Appeals), Central Excise, Jaipur. The appellants were engaged in the manufacture of casting of Iron and Steel liable to Central Excise duty. The manufacturing unit is located in Bhiwadi, Rajasthan. The employees of the appellant’s unit availed guest room facilities available at the Guest House managed by Head Office at Gurgaon. For the said services, the appellant paid consideration alongwith service tax and availed the credit of such tax under the provisions of Cenvat Credit Rules, 2004. The Revenue objected to the said credit on two grounds, - (a) no tax is payable on such guest house services and hence, amount paid cannot be a tax for credit and (b) such services do not qualify under “input services” for credit purposes. The Original Authority denied the credit which was upheld by the impugned order. Aggrieved with the impugned order, the appellant was in appeal.
 
Appellant’s Contention:-Ld. Counsel for the appellant submitted that the taxability or classification of the services was not within the purview of the jurisdictional authority where the appellant is availing credit. The fact was that the appellant discharged service tax and claimed credit on the same. The correctness of leviability or the classification was not in their control. She relied on the various decided cases to reiterate that the taxability or classification of services cannot be questioned by the officers at the recipient’s end. On the second issue - the service tax paid on such accommodation cannot be claimed as a credit, ld. Counsel submitted that marketing, engineering and administrative staff of the appellant’s unit directly associated with the activities of the unit, availed lodging facility in Guest House in Gurgaon. The activities were relating to their business of manufacture and sale of excisable goods and as such, the credit had been rightly availed by them.
 
Respondent’s Contention:-Ld. AR supporting the findings of the lower authorities submitted that the service on which the credit is taken was taxable only w.e.f. 1-5-2011 under the category of “short term accommodation”. Any credit prior to that period was not admissible as the amount paid was not relatable to service tax legally payable. Regarding eligibility of the credit, ld. AR submitted that the employees staying in Gurgaon Guest House on charges had no nexus to the manufacturing activity of the appellant’s unit at Bhiwadi. Further, he also stated that the nature of tour and stay had not been elaborated with evidence. Hence, the credit was rightly disallowed to the appellant.
 
Reasoning Of Judgment: it was found thatthe only point for decision was availability of service tax credit for the appellant on the charges paid by them for accommodation of their employees at the Guest House at Gurgaon managed by their Head Office. On the first issue regarding correct classification and taxability of the activities, it was seen that the Authorities at the recipient’s end had no jurisdiction to determine either the correct classification or the tax liability itself. As held by the Hon’ble Supreme Court in CCE v. MDS Switchgear Ltd. - 2008 (299)E.L.T.485 (S.C.), the benefit of credit at the respondent’s side cannot be varied by questioning the quantum at the manufacturer’s end. In India Vision Satelite Communications Ltd. v. CCE - 2015 (39)S.T.R.684 (Tribunal-Bang.), it was held that denial of credit at the recipient’s end was not legally tenable by questioning the taxability of the input services. The Tribunal in Ultratech Cement Ltd. v. CCE - 2011 (22)S.T.R.289 (Tribunal-Mumbai) held that the taxability of input service had to be considered by the officers having jurisdiction over service providers. Considering the above settled position, higher authority found no justification in the findings of the lower authorities for denial of credit on the ground of non-taxability of “input service” during the material time. On the second issue, regarding eligibility of Guest House services for credit, it was seen that the employees of the appellant stayed in the Guest House at Gurgaon, for which the appellant paid the consideration along with applicable service tax and the expenditure, was in relation to their business activity of manufacture and selling of excisable goods. They did not find any material to support the plea that accommodation was for regular residential stay by the employees. The appellants had categorically asserted that their staff and executives associated with Bhiwadi Unit availed the room facilities at Gurgaon. These accommodation facilities were for official stay billed and paid by the appellant and forming part of their business expenditure. These were not for personal use of employees. Considering the above factual position, it was held that the objection of the Revenue, on the second ground also was untenable.
 
Decision:-Appeal allowed.

Comment:- The gist of the case was thatthe credit of tax paid on charges for guest house was admissible. As per Rule 3 of Cenvat Credit Rules, 2004 services used in relation to business activity of manufacture and selling of excisable goods are input services and credit of those services can be taken by the assessee. The taxability or classification of the services is not within the purview of the jurisdictional authority where the appellant is availing credit.

Prepared By: - Akshit Bhandari
 

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