Input Service Distributor need not be a ‘manufacturer’ or ‘output service provider’ for availing Cenvat credit
Court :
Hon’ble CESTAT, New Delhi
Brief :
The Hon’ble CESTAT, Delhi after analysing Rule 2(m) and Rule 7 of the Credit Rules held that:
- In the light of Rule 7 of the Credit Rules which provides the manner of distribution of Cenvat credit by ISD, the basic requisite condition for the distribution of the said credit is that the ISD receives the invoices towards purchase of input services and pays the Service tax. There is nothing in the said Rule to suggest that the Head Office or the office of the manufacturer should be himself in a position to provide any output service or to manufacture any excisable goods
Citation :
Moser Baer India Ltd. Vs. Commissioner of Central Excise, Noida [2015 (1) TMI 1093 - CESTAT NEW DELHI]
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Judgement posted by
Bimal Jain
Service
FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more
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