2010 (11) TMI 77 - HC - Service Tax

Cenvat Credit capital goods or inputs - the tower on which the antenna Held that - without going into the merits of the case, in our opinion interest of justice would be met by directing the CESTAT to dispose off the appeal which is the subject matter of the present appeal along with other pending appeals without any pre-deposit as expeditiously as possible and preferably within a period of six months from today

Summary

Issues: Whether the tower on which the antenna is mounted constitutes capital goods under the Cenvat Credit Rules, 2004, and whether the Tribunal was justified in directing the appellants to deposit Rs.5 Crores under Section 35F of the Act.

Analysis:

1. The main issue in this case revolves around whether the tower on which the antenna is mounted qualifies as capital goods for the purpose of Rule 3 of the Cenvat Credit Rules, 2004. The Tribunal directed the appellants to make a pre-deposit of Rs.5 Crores under Section 35F of the Act. The question of law admitted for consideration was whether this direction was justified in the given circumstances.

2. The appellant argued that in similar appeals, the CESTAT had granted a waiver of pre-deposit, which has been pending since July 2007. However, in the present case, the CESTAT declined to follow its earlier orders due to subsequent judgments, including one from the Apex Court and a larger bench decision of the Tribunal. These decisions were cited as reasons for not granting a complete waiver of pre-deposit in this case.

3. The High Court, upon examining the relevant decisions, noted that the questions raised in those cases were different from the issue at hand. The court emphasized that the construction of a tower with an antenna mounted on it as capital goods was not the subject matter of the previous cases. In light of this, the court decided to direct the CESTAT to dispose of the appeal without any pre-deposit, along with other pending appeals, within a specified timeframe of six months from the date of the judgment.

4. The judgment concluded by disposing of the appeal in the terms mentioned, with no specific order as to costs. The court's decision was based on the principle of ensuring justice by expeditiously resolving the appeal without requiring the appellants to make the pre-deposit as directed by the Tribunal. This comprehensive analysis highlights the key legal arguments, precedents, and the court's reasoning in arriving at its decision.