2025 (6) TMI 183 - AT - Service Tax

Non-payment of service tax on TDS - availment of irregular cenvat credit - failure to discharge service tax on advances received from customers - failure to pay service tax on services provided to their Pune Division - wrong adjustment of service tax liability against bad debts written off in 2013-14 2014-15 - extended period of limitation - penalty. Whether cenvat credit of Rs.2, 17, 92, 402/- availed by the appellant on the service tax paid by M/s. IndusInd Bank Limited is admissible? - HELD THAT - The learned Commissioner denied the said credit on the ground that the proceeds of short-term loans and NCDs were not used for the purpose of R D activities by the unit at Bangalore since they do not carry any R D activity at Bangalore. In other words services have not been used at Bangalore but used at their Pune unit. Rebutting the said argument the appellant has submitted that Bangalore unit also undertakes R D activities relating to contractual obligations and Pune unit undertakes R D activity on drug discovery. The loan raised by the appellant relating to the activity of finance of the company and it cannot be assigned either to Pune or Bangalore unit; hence the credit is admissible. There are merit in the contention of the learned Chartered Accountant for the appellant inasmuch as M/s. IndusInd Bank Limited had invested a sum of Rs.205 crores in NCDs and also the appellant had availed three short-term loans of Rs.15.00 crores each and one short-term loan of Rs.10.00 crores for their temporary cash flow requirements - the cenvat credit of Rs.2, 17, 98, 402/- availed by the appellant fall under the scope of input service being under the category of financing specifically mentioned under the said definition and admissible as credit. Whether service tax of Rs.8, 42, 53, 255/- on the services rendered to their unit at Pune is payable? - HELD THAT - The appellant in their reply to the show-cause notice has submitted that it is an inter division accounting adjustment for transactions carried out as recorded in their General Ledger; hence no service has been rendered by the Bangalore unit to their Pune unit. Further it is found that at best since both belonging to the same group the service can be considered as self-service as held by the Tribunal in the case of PRECOT MILLS LTD. VERSUS CCE TIRUPATI 2006 (2) TMI 25 - APPELLATE TRIBUNAL BANGALORE . Therefore the demand on this count is also bad in law and not sustainable. Whether service tax of Rs.45, 88, 500/- against the written off of bad debts is payable by the appellant? - HELD THAT - On the issue of adjustment of service tax amount of Rs.45, 88, 500/- against the service tax payable for the month of March 2013 and December 2014 under Rule 6(3) of the Service Tax Rules 1994 against writing off of the receivables of Rs.12, 24, 30, 713/- and Rs.71, 00, 989/- declared as bad trade the learned Commissioner in the impugned order held that such adjustment of service tax is impermissible under Rule 6(3) of the Service Tax Rules 1994. Whether extended period of limitation is invocable? - HELD THAT - The appellant had adjusted the amount against non-payment of service tax even though service rendered for the period prior to 01.04.2011 and service rendered but payments not received for the period thereafter etc. Therefore there are no discrepancy in the conclusion of the learned Commissioner in confirming the demand on this count. However the demand confirmed by the learned Commissioner invoking extended period cannot be sustained as the adjustment was made by the appellant in their ST-3 returns during the month of March 2013 and December 2014; hence not suppressed from the knowledge of the Department. The demand should be limited to normal period of limitation. Conclusion - i) Cenvat credit of Rs.2, 17, 92, 402/- on financing services is admissible and recovery set aside. ii) Demand of Rs.8, 42, 53, 255/- on inter-unit services is not sustainable and is set aside. iii) Demand of Rs.45, 88, 500/- on bad debts adjustment is confirmed but limited to normal limitation period; matter remanded for re-computation. iv) No penalty is imposable on the appellant. Appeal disposed off.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Tribunal in this appeal are:

i. Whether the cenvat credit of Rs.2,17,92,402/- availed by the appellant on the service tax paid by a bank on financing services is admissible under the Service Tax law.

ii. Whether service tax of Rs.8,42,53,255/- is payable on services allegedly rendered by the appellant's Bangalore unit to its Pune unit, specifically whether inter-unit transactions attract service tax.

iii. Whether service tax of Rs.45,88,500/- is payable on amounts adjusted against bad debts written off during 2013-14 and 2014-15, particularly the legitimacy of adjustments under Rule 6(3) of the Service Tax Rules, 1994.

iv. Whether the extended period of limitation for recovery of service tax is invocable in the facts of the case.

2. ISSUE-WISE DETAILED ANALYSIS

Issue i: Admissibility of Cenvat Credit of Rs.2,17,92,402/- on Financing Services

Relevant legal framework and precedents: The Finance Act, 1994 and Service Tax Rules govern the admissibility of cenvat credit on input services. The definition of "input service" includes financing services. The appellant relied on the principle that credit is admissible when the input service is used for business purposes.

Court's interpretation and reasoning: The Commissioner denied credit on the ground that the Bangalore unit did not conduct R&D activities and thus the financing services were not used at Bangalore but at Pune. The appellant countered that Bangalore unit also undertakes contractual R&D activities and the financing was for the overall company's business, not attributable exclusively to Pune.

Key evidence and findings: The appellant produced a Chartered Accountant certificate detailing the utilization of loans and investments from the bank. The Tribunal noted that the funds were utilized by both Bangalore and Pune units for R&D and other business activities. The financing services were centralised and invoiced to Bangalore.

Application of law to facts: Since financing services are input services and were used in the business activities of the Bangalore unit, the cenvat credit availed is admissible. The Tribunal found the denial of credit by the Commissioner to be incorrect.

Treatment of competing arguments: The Commissioner's argument that Bangalore did not conduct R&D was rejected as the Tribunal accepted that Bangalore undertook contractual R&D. The appellant's contention that financing is a company-wide function was accepted.

Conclusion: The cenvat credit of Rs.2,17,92,402/- on financing services paid by the bank and availed by the Bangalore unit is admissible.

Issue ii: Liability to Pay Service Tax of Rs.8,42,53,255/- on Services Rendered to Pune Unit

Relevant legal framework and precedents: Service tax is leviable on taxable services provided by one person to another. The appellant relied on judicial precedents holding that service tax does not apply on services rendered to oneself or inter-unit transactions within the same entity, including the Supreme Court ruling that service tax applies only when there is a distinct service provider and receiver.

Court's interpretation and reasoning: The Commissioner confirmed demand on the basis that services were rendered to Pune unit. The appellant contended these were mere book entries for inter-division accounting and no actual service was rendered. The Tribunal agreed that since both units belong to the same legal entity, the transactions are self-services and not taxable.

Key evidence and findings: The appellant's General Ledger entries showed inter-unit adjustments for costing and profitability. There was no evidence of distinct service provision or separate legal entities.

Application of law to facts: The Tribunal applied the principle that service tax is not leviable on self-services or inter-unit transactions within the same entity. The entries were mere book adjustments and did not constitute taxable services.

Treatment of competing arguments: The Commissioner's demand was rejected as legally unsustainable. The appellant's reliance on precedents such as Precot Mills Ltd., Indian Oil Corporation Ltd., and Chemplast Sanmar Ltd. was accepted.

Conclusion: The demand of service tax of Rs.8,42,53,255/- on services rendered to the Pune unit is not sustainable and is set aside.

Issue iii: Service Tax Demand of Rs.45,88,500/- on Bad Debts Written Off and Adjustment under Rule 6(3)

Relevant legal framework and precedents: Rule 6(3) of the Service Tax Rules, 1994 permits credit adjustment where an invoice has been issued or payment received for services not provided wholly or partially, or where invoice amounts are renegotiated due to deficient service.

Court's interpretation and reasoning: The Commissioner held that the appellant's adjustment of service tax against bad debts was impermissible as services had been rendered and credit notes were issued due to non-payment or cancellation of studies after partial service provision. The Tribunal analyzed the rule's plain language and found it applies only where services were not provided or deficiently provided.

Key evidence and findings: The appellant issued credit notes for two reasons: non-receipt of payment after service provision, and cancellation of study after partial service. The Tribunal found that in cases of non-payment, services were rendered and thus credit adjustment is not allowed. In cancellation cases, partial services were rendered, so full credit adjustment was also impermissible.

Application of law to facts: The Tribunal concurred with the Commissioner that the appellant was not entitled to adjust service tax under Rule 6(3) for bad debts written off since services were rendered. However, the Tribunal held that the demand should be restricted to the normal period of limitation as the adjustments were made in ST-3 returns and were not concealed.

Treatment of competing arguments: The appellant's argument for adjustment under Rule 6(3) was rejected. The Tribunal remanded the matter for re-computation of demand for the normal limitation period.

Conclusion: The demand of Rs.45,88,500/- is confirmed for the normal period, but extended period invocation is not justified. The matter is remanded for re-computation.

Issue iv: Invocability of Extended Period of Limitation

Relevant legal framework and precedents: The extended period of limitation can be invoked only if there is suppression of facts or misdeclaration by the assessee. The appellant contended that returns were filed regularly and no suppression occurred.

Court's interpretation and reasoning: The Tribunal found no evidence of suppression or misdeclaration. The adjustments were declared in returns and earlier audits did not object.

Application of law to facts: The extended period of limitation is not invocable in this case.

Conclusion: The demand must be restricted to the normal period of limitation.

3. SIGNIFICANT HOLDINGS

"The financing services rendered by the bank and paid service tax on are input services admissible as cenvat credit since the funds were utilized by both Bangalore and Pune units for R&D and business activities. The denial of credit by the Commissioner on the ground that Bangalore unit did not conduct R&D is an incorrect appreciation of facts."

"Inter-unit transactions within the same legal entity do not attract service tax as there is no distinct service provider and receiver. Mere book entries for inter-division accounting cannot be treated as taxable services. Service to self is not leviable to service tax."

"Rule 6(3) of the Service Tax Rules, 1994 permits credit adjustment only where services have not been provided wholly or partially or invoice amounts renegotiated due to deficient service. Adjustments against bad debts where services were rendered but payment not received do not qualify for credit adjustment under this rule."

"Extended period of limitation for recovery of service tax cannot be invoked in absence of suppression or misdeclaration. Regular filing of returns and absence of concealment preclude extended limitation."

Final determinations:

- Cenvat credit of Rs.2,17,92,402/- on financing services is admissible and recovery set aside.

- Demand of Rs.8,42,53,255/- on inter-unit services is not sustainable and is set aside.

- Demand of Rs.45,88,500/- on bad debts adjustment is confirmed but limited to normal limitation period; matter remanded for re-computation.

- No penalty is imposable on the appellant.