2009 (4) TMI 784 - AT - Central Excise

Summary

Issues: Application to dispense with pre-deposit of duty amount and penalty; denial of Modvat credit for service tax paid on various services availed; establishment of services in relation to manufacturing activities; eligibility of services for Modvat credit; connection of services to business activities; engagement in trading activities affecting service availed.

Analysis:
The judgment by Ms. Archana Wadhwa of the Appellate Tribunal CESTAT Ahmedabad addresses the application seeking to waive the pre-deposit condition of duty amount and penalty, which were confirmed against the appellant due to the denial of Modvat credit for service tax paid on services availed. The lower authorities concluded that the appellant failed to prove that the services availed were related to their manufacturing activities.

Upon review, it was observed that the appellant had availed credit on various services such as car rental, maintenance of cars, mobile phones, and landline phones. While some services were deemed eligible based on previous Tribunal decisions, it was noted that the installation of a landline in the Director's residence could not be considered a service connected to business activities. Additionally, information provided indicated that the appellant was also involved in trading activities, leading to the utilization of services in connection with said activities.

Considering the circumstances, the judgment did not find a strong prima facie case in favor of the appellant to waive the pre-deposit condition entirely. Acknowledging that certain services might qualify for Modvat credit while others may not, the appellant was directed to deposit Rs. 50,000 within six weeks. Compliance was to be reported on a specified date for the final disposal of the appeal, taking into account the eligibility of services for credit and their relevance to business and trading activities.

In conclusion, the judgment provided a balanced approach by requiring a partial deposit while awaiting further clarification on the eligibility of services for Modvat credit and their connection to the appellant's business and trading operations.