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2025 (7) TMI 150 - AT - Service TaxCENVAT Credit - duty paying documents - no documents prescribed under Rule 9(2) were produced before audit - Extended period of limitation - HELD THAT - The details missing in the disputed invoices were (a) service tax registration; (b) service tax paid; and (c) name of the appellant as the service recipient. The first of these two are essential and their absence cannot be condoned to consider the invoice a valid document for availing CENVAT credit as per the proviso to Rule 9(2). In their absence the invoices cannot be said to be valid duty paying documents to avail CENVAT credit. The third viz. the name of the service recipient is not indicated in the proviso to Rule 9(2). If the invoice lacks the essential details indicated in the proviso to Rule 9(2) then such a document is not a valid document for availing CENVAT credit. Just as a cheque without the account number cannot be taken as a valid cheque even if the person who signed it has indeed a bank account even if the person who issued the invoice had a service tax registration the invoice will not become a valid one in the absence of this essential details in it. With respect to the invoices where the details of the service tax paid was missing it is the submission of the learned counsel that challans showing payment of service tax have been enclosed. It is found in the first place that the invoice itself must contain the details of service tax paid as per the proviso to Rule 9(2). The reason is evident - there is no correlation between the challans evidencing payment of service tax and the invoices. The service provider may have paid some amount as service tax through the challan but whether it pertains to the same invoice is the question - Clearly the appellant was not entitled to CENVAT credit on invoices where the service tax amount is missing as per the proviso to Rule 9(2). The CCR apply to the appellant as they apply to any other assessee. It is not open to the assessee to take CENVAT credit on the basis of note sheets or sanction orders or invoices which do not have the essential details. The appellant could take CENVAT credit only on the strength of proper and valid documents. It cannot take CENVAT credit on any document which it pleases and then expect the officers to examine its invoices with its agreements covering letters sent by the service providers challans which do not indicate the challan number and hence which have no correlation. Extended period of limitation - HELD THAT - This can be invoked only in case of fraud or collusion or wilful misstatement or suppression of facts or violation of the provisions of the Act or Rules with an intent to evade. The appellant was registered and has been filing ST-3 Returns. All the discrepancies were discovered during audit from the appellant s records itself. Had the Range officer done his job and scrutinized the returns in time calling for details as required the wrongful availment of CENVAT credit would have come to notice. There are no grounds to invoke extended period of limitation. The essential ingredients to impose penalty under section 78 of the Act are the same as the ones for invoking extended period of limitation. Thus the penalty under section 78 of the Act cannot be sustained. The appeal is partly allowed and the demand for extended period of limitation and the entire penalty under section 78 are set aside. Rest of the impugned order is upheld. The matter is remanded to the Principal Commissioner for the limited purpose of re-computing the demand of service tax and interest.
The core legal questions considered in this judgment revolve around the validity of CENVAT credit availed by the appellant during the period October 2012 to March 2015. Specifically, the issues include:
(a) Whether the documents produced by the appellant to substantiate CENVAT credit comply with the requirements prescribed under Rule 9 of the CENVAT Credit Rules, 2004 (CCR); (b) Whether defects in the invoices, such as absence of service tax registration number, service tax amount, and name of the appellant as service recipient, are curable and can be condoned for the purpose of availing CENVAT credit; (c) Whether the appellant was entitled to avail CENVAT credit on the basis of documents such as note sheets and sanction orders which are not enumerated in Rule 9; (d) Whether the extended period of limitation can be invoked in the facts and circumstances of the case; (e) Whether penalty under section 78 of the Finance Act can be sustained in the absence of fraud, collusion, or willful misstatement. Issue-wise Detailed Analysis: 1. Validity of Documents for Availing CENVAT Credit under Rule 9 of CCR The legal framework is primarily Rule 9 of the CENVAT Credit Rules, 2004, which prescribes the specific documents on the basis of which CENVAT credit can be availed. Sub-rule (1) enumerates valid documents, including invoices issued by manufacturers or service providers, supplementary invoices, bills of entry, challans evidencing payment of service tax, and input service distributor invoices. Sub-rule (2) mandates that these documents must contain all particulars as prescribed under the Central Excise Rules or Service Tax Rules. The proviso to sub-rule (2) provides limited relaxation if certain essential details are present and the Deputy or Assistant Commissioner is satisfied that goods or services have been received and accounted for. The Court emphasized that note sheets and sanction orders, which the appellant produced, are not listed under Rule 9(1) and hence cannot be treated as valid documents for availing CENVAT credit. The invoices produced by the appellant lacked essential details such as service tax registration number of the service provider, service tax amount, and the name of the appellant as the service recipient. The Court held that the absence of the first two details-service tax registration number and service tax amount-is not curable under the proviso to Rule 9(2) and renders the invoice invalid for the purpose of availing CENVAT credit. The third detail, the name of the service recipient, is not explicitly required by the proviso but its absence does not validate the invoice if other essential details are missing. The Court rejected the appellant's contention that separate submission of service tax registration certificates or challans evidencing payment of service tax could cure the defects in the invoices. It reasoned that an invoice without the essential particulars prescribed by Rule 9(2) cannot be converted into a valid duty paying document by extraneous documents. The analogy was drawn that just as a cheque without an account number is invalid despite the drawer having a bank account, an invoice missing essential details cannot be considered valid. Regarding challans, the Court noted that the challans produced did not correlate with the invoices as they lacked invoice numbers and dates, and hence could not be linked to the specific invoices for which credit was claimed. Similarly, the appellant's attempt to rely on covering letters accompanying invoices to establish the identity of the service recipient was rejected as contrary to the statutory scheme, which requires the invoice itself to contain all necessary details. 2. Curability of Defects in Invoices The appellant argued that defects such as missing service tax registration number, service tax amount, and name of the appellant were procedural lapses and hence curable. The Court held that the distinction between substantive and procedural requirements is explicitly provided in Rule 9(2) and its proviso. Only certain defects can be condoned if the essential details are present and the Deputy or Assistant Commissioner is satisfied about receipt of goods or services. The defects in question were held to be substantive and not curable. 3. Entitlement to CENVAT Credit on Non-Enumerated Documents The appellant relied on note sheets and sanction orders to substantiate credit claims. The Court found that these documents are not recognized under Rule 9(1) and therefore cannot form the basis for availing CENVAT credit. The statutory framework does not permit availing credit on any documents other than those specifically enumerated. 4. Invocation of Extended Period of Limitation The Revenue invoked the extended period of limitation on the ground of alleged intention to avail ineligible credit. The Court clarified that extended limitation can be invoked only in cases involving fraud, collusion, willful misstatement, suppression of facts, or contravention of provisions with intent to evade payment of service tax. Here, the appellant was a registered service provider regularly filing service tax returns. The discrepancies were discovered during audit based on the appellant's own records. The Court observed that had the Range officer conducted timely scrutiny, wrongful availment would have been detected earlier. Therefore, the essential ingredients for invoking extended limitation were absent. 5. Penalty under Section 78 of the Finance Act The Court noted that the grounds for imposing penalty under section 78 are coextensive with those for invoking extended limitation. Since extended limitation was not justified, penalty under section 78 also could not be sustained. Significant Holdings: "CENVAT credit is a method by which the assessee can avail credit of duty paid by its suppliers and service providers and utilize it to pay its own service tax. Thus, every rupee of CENVAT credit availed is a rupee less paid in cash as Service Tax. Therefore, it is essential that CENVAT credit is properly taken and for this purpose, CENVAT Credit Rules were framed." "Rule 9(1) gives the list of documents on the strength of which CENVAT can be availed. This Rule does not include note sheets and sanction orders. It does include the invoices. Rule 9(2) prescribes the details which the invoice should have to be an eligible document to avail CENVAT credit." "If the invoice lacks the essential details indicated in the proviso to Rule 9(2), then such a document is not a valid document for availing CENVAT credit. Just as a cheque without the account number cannot be taken as a valid cheque even if the person who signed it has, indeed, a bank account, even if the person who issued the invoice had a service tax registration, the invoice will not become a valid one in the absence of this essential details in it." "The challans produced by the appellant do not indicate the invoice number and date for which the service tax was paid. Therefore, there is no correlation between the challans evidencing payment of service tax and the invoices." "Extended period of limitation can be invoked only in case of fraud or collusion or willful misstatement or suppression of facts or violation of the provisions of the Act or Rules with an intent to evade. The appellant was registered and has been filing ST-3 Returns. All the discrepancies were discovered during audit from the appellant's records itself. We, therefore, find that there are no grounds to invoke extended period of limitation." "The essential ingredients to impose penalty under section 78 of the Act are the same as the ones for invoking extended period of limitation. We, therefore, also find that the penalty under section 78 of the Act cannot be sustained." In conclusion, the Court upheld the denial of CENVAT credit for the amount claimed on the basis of invalid documents but set aside the demand raised under extended limitation and the penalty under section 78. The matter was remanded for recomputation of demand and interest accordingly.
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