2009 (5) TMI 834 - AT - Central Excise

Summary

Issues involved: Denial of credit on various input services.

Summary:
The issue involved in this case is the denial of credit on various input services. The applicant had availed credit for 14 services, including Banking and Financial Services, for which credit was allowed by lower authorities. However, credit for other services like C&F Agent's service, Storage and Warehousing services, Air travel agent & Travel agents services, Courier services, Telephone services, and others was denied. The applicant had also taken credit for Service tax paid by some hotels under Business Auxiliary services, even though hotels are not required to pay Service tax under that category. The applicant relied on various judicial decisions to support their entitlement to input credit for the remaining services.

In a careful consideration of the issue, the Tribunal found that the applicants have a strong case on merits based on the judicial pronouncements cited. As a result, the Tribunal ordered a total waiver of the pre-deposit of the dues demanded in the impugned order. It was further directed that no coercive measures should be taken by Revenue until the appeal is decided, and the stay order will continue even after the lapse of 180 days.