2009 (8) TMI 789 - AT - Service Tax

waiver of the pre-deposit - applicant has availed ineligible Cenvat credit on the services rendered by C&F agent - the issue which is in dispute is whether the activity of cutting the Rebars as done only in some cases, that also on the requirement of the customer of the applicant and Service Tax paid on such services is eligible as Cenvat credit - inputs have to be interpreted in the light of requirements of business activities. We find that the applicant has made put a prima facie case for the waiver of the pre-deposit of the amounts involved - Decided in favour of the assessee

Summary

Issues:
- Stay petition against waiver of pre-deposit of Cenvat credit, interest, and penalties under Cenvat Credit Rules, 2004.
- Interpretation of 'input services' under Rule 2(l) of Cenvat Credit Rules, 2004.
- Application of Tribunal's Larger Bench decision in ABB Ltd. case to the current scenario.

Analysis:
The case involved a stay petition challenging the waiver of pre-deposit of Cenvat credit, interest, and penalties under Cenvat Credit Rules, 2004. The dispute centered around the eligibility of Cenvat credit on services provided by a C&F agent for cutting Rebars. The applicant argued that these services fell under the definition of 'input services' as per Rule 2(l) of the Rules. However, revenue authorities disagreed, leading to a show cause notice. The Adjudicating Authority rejected the applicant's contention, stating that cutting Rebars did not qualify as an activity related to business, as per the Rules.

The applicant's counsel cited a decision by the Tribunal's Larger Bench in the ABB Ltd. case, emphasizing that any activity necessary for the business should allow Cenvat credit on the service tax paid. On the other hand, the JCDR highlighted the definition of 'input service' in the Rules, arguing that cutting Rebars did not fit within the exclusive definition provided. The JCDR contended that cutting Rebars did not constitute manufacturing and, therefore, did not meet the criteria for 'input services' as defined.

After careful consideration, the Tribunal found that the dispute revolved around whether cutting Rebars, done in specific cases at the customer's request, with Service Tax paid, was eligible for Cenvat credit. Referring to the Larger Bench decision, the Tribunal emphasized interpreting 'input services' based on business requirements and not restrictively. The Tribunal noted that the applicant had established a prima facie case for the waiver of the pre-deposit amounts involved. Consequently, the application for the waiver was allowed, and recovery stayed pending appeal disposal.