2009 (10) TMI 568 - AT - Service Tax

Waiver of pre-deposit - Penalty cenvat credit of service tax - service tax paid on input services such as sampling and analysis, maintenance and repair, construction & transportation of goods by road or by goods transport agency, etc order holding appellant engaged in production of iron ore not amounting to manufacture and credit not admissible - prima facie case for waiver of pre-deposit appeal disposed off

Summary

Issues Involved:
Confirmation of demand for reversal of Cenvat credit availed by the applicant on input services and eligibility of the appellant to avail Cenvat credit on input services as a manufacturer/producer of iron ore exempted from duty.

Analysis:
The judgment deals with a case involving the confirmation of demand for the reversal of Cenvat credit availed by the applicant on various input services during a specific period. The adjudicating authority concluded that the appellant, engaged in the production of iron ore exempted from duty, is not eligible to avail Cenvat credit on input services as per Rule 6(1) of Cenvat Credit Rules, 2004. The authority also argued that the appellant's activities do not amount to manufacturing, leading to the disallowance of the Cenvat credit. The learned counsel representing the appellant contended that the adjudicating authority exceeded the scope of the allegations in the show cause notice. Referring to precedents, the counsel highlighted that similar issues were decided in favor of the appellant by the Commissioner (Appeals) and were supported by judgments from the High Courts of Bombay and Delhi.

The judgment further discusses the arguments presented by both sides, where the learned JCDR representing the respondent emphasized that the appellant had already availed the Cenvat credit, which remains in their account. The JCDR requested the maintenance of status quo regarding the credit until a final decision is reached. After considering the submissions and perusing the records, the Tribunal found it undisputed that the appellant processed iron ore for export. Citing a decision by the High Court of Bombay in a related case, the Tribunal held that denial of Cenvat credit solely based on the appellant's activities was not justified. Relying on this precedent, the Tribunal concluded that the appellant had established a prima facie case for the waiver of pre-deposit of the amounts in question. Consequently, the Tribunal granted the application for waiver of pre-deposit and stayed the recovery of the amounts until the appeals are disposed of.

This comprehensive analysis of the judgment showcases the intricacies of the issues involved, the arguments presented by both parties, and the Tribunal's reasoning leading to the decision to waive the pre-deposit of the disputed amounts pending the final resolution of the appeals.