By Puloma Dalal, Jayesh Gogri, Chartered Accountants
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CENVAT Credit is available on the basis of an invoice issued on registered office instead of the factory if the services are received in the factory.
Facts:
The appellants availed CENVAT credit on the basis of an invoice issued on registered office and not on factory. Revenue relied on various Tribunal and High Court decisions and contended that the registered office should have taken input service distributor registration and thereafter, should have issued a separate invoice on factory for availment of CENVAT credit. However, the appellants contended that they had only one factory and therefore, there was no question of distribution by taking input service distributor registration. Further, it was not disputed by the department that the services were received in the factory of the appellants and relying on Tribunal precedents in case of CCE, Vapi vs. DNH Spinners 2009 (16) STR 418 (Tri.) and Modern Petrofils vs. CCE, Vadodara 2010 (20) STR 627 (Tri.-Ahmd.) the credit should not be disallowed.
Held:
The Tribunal observed that the decisions relied upon by the revenue were not applicable to the facts of the present case. All those cases dealt with the effective date of registration of an input service distributor, whereas the dispute in the present case is totally different. The dispute is whether the registered office of the appellant is required to be registered at all when they have one factory and where the credit has been taken by the factory on the basis of invoices issued by service providers. The Tribunal also observed that the case laws cited by the appellants squarely covered the present case. Therefore, the Tribunal held that CENVAT credit was available to the appellants since the appellants had only one factory and the services were received in the factory, though the invoice was in the name of the registered office.
