Bank of India Not Liable to Pay 8% on Exempt Services: CESTAT Orders Proportionate CENVAT Credit Reversal Instead

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Kolkata Bench, has set aside major service tax demands raised against Bank of India, holding that the bank cannot be compelled to pay 8% of the value of exempt services when it intended to reverse proportionate CENVAT credit. The bench of Ashok Jindal (Judicial Member) and K. Anpazhakan (Technical Member) also quashed penalties and remanded the matter only for limited verification of the credit attributable to exempt services. The case arose from allegations that Bank of India, engaged in providing banking and other financial services, had availed CENVAT credit on common input services used for both taxable and exempt services without maintaining separate accounts as required under the CENVAT Credit Rules, 2004. A show cause notice issued in January 2010 proposed recovery of multiple amounts including: ₹9.33 lakh for alleged excess utilization of CENVAT credit beyond the permissible 20% limit; ₹26.94 lakh on the ground that the bank’s Head Office was allegedly not registered as an Input Service Distributor (ISD); and ₹6.11 crore towards service tax calculated at 8% of the value of exempt services for the financial year 2008–09. The adjudicating authority confirmed the entire demand along with interest and penalties, prompting the bank to challenge the order before the Tribunal. The Tribunal first examined the demand of ₹9.33 lakh, which was raised on the basis that the bank had exceeded the 20% cap on utilization of CENVAT credit for certain months in 2005. However, the bench observed that the CENVAT Credit Rules do not prescribe that the 20% restriction must be calculated on a monthly basis. When the utilization of credit was assessed for the entire financial year, the bank’s credit usage remained within the prescribed limit. Accordingly, the Tribunal held that the demand was unsustainable and set aside the recovery. The Tribunal also rejected the denial of ₹26.94 lakh in credit distributed by the bank’s Head Office. The department had argued that the Head Office obtained Input Service Distributor registration only in 2008, making earlier credit distribution invalid. However, the Tribunal found that the Head Office had already been registered as an ISD in 2004, and the 2008 date merely reflected digital re-registration. The department had incorrectly treated this digital registration date as the original registration date. The bench further emphasized that substantive benefits cannot be denied merely due to procedural lapses, particularly when tax payment and receipt of services are not in dispute. Consequently, this demand was also set aside. The most significant dispute concerned the demand of ₹6.11 crore, calculated as 8% of the value of exempt services under Rule 6(3) of the CENVAT Credit Rules for FY 2008–09. The department argued that the bank had opted for this method but failed to pay the required amount. The Tribunal, however, noted that the bank had submitted a letter containing details relevant to proportionate reversal of credit under Rule 6(3A). Although the letter mistakenly referred to opting for the 8% method, the information furnished clearly indicated that the bank intended to follow the proportionate credit reversal mechanism. The bench held that a clerical mistake in the letter cannot compel the assessee to adopt the 8% payment option, particularly when the documentation reflects an intention to reverse proportionate credit. Therefore, the Tribunal set aside the demand calculated at 8% of exempt service value. While rejecting the demand based on the 8% formula, the Tribunal ruled that the bank must reverse the proportionate CENVAT credit attributable to exempt services along with applicable interest. Since the exact amount required verification, the matter was remanded to the adjudicating authority solely for quantification of the proportionate credit. The Tribunal further held that penalties imposed under the Finance Act and the CENVAT Credit Rules were unwarranted. It observed that the entire demand was based on records submitted by the bank and there was no evidence of suppression, misstatement, or intent to evade tax. Accordingly, all penalties imposed on the bank were quashed. Case Details Case Title: M/s. Bank of India Versus Commissioner of Service Tax Citation: JURISHOUR-352-CES-2026(KOL) Case No.: Service Tax Appeal No. 409 of 2011 Date: 13.03.2026 Counsel For Appellant: S.K. Goyal, Chartered Accountant Counsel For Respondent: P. Das, Authorized Representative Click Here To Read Order Read More: CESTAT Quashes Penalty on Co-Noticees After Main Noticee Settles Dispute Under SVLDRS

Bank of India Not Liable to Pay 8% on Exempt Services: CESTAT Orders Proportionate CENVAT Credit Reversal Instead

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