2011 (2) TMI 827 - AT - Service Tax

Waiver of pre-deposit - Custom House Agent (CHA) services - The confirmation of the demand has arisen on the ground that the appellant is not eligible to avail cenvat credit of the Service Tax paid on the Custom House Agent (CHA) services received by them for activities related to export of their finished goods at Port -Held that - the appellant has made out a prima facie case, for waiver of the pre-deposit of the amounts, therefore, application for waiver of pre-deposit of the amounts involved is allowed and recovery, thereof, stayed till the disposal of the appeal.

Summary

Issues involved:
- Waiver of pre-deposit of Service Tax amounts
- Eligibility of Cenvat credit for Service Tax paid on Custom House Agent (CHA) services

Analysis:

1. Waiver of pre-deposit of Service Tax amounts: The appellant filed a stay petition seeking waiver of pre-deposit for various amounts, including demand of Service Tax and related interest and penalty under the Finance Act, 1994. The Tribunal heard both sides and examined the records. The demand was based on the appellant allegedly not being eligible to avail Cenvat credit for Service Tax paid on CHA services related to export activities. However, the Tribunal noted that there were precedents supporting the eligibility of such credit as input services. Citing decisions like India Cements Ltd. Vs. CCE, Gujarat Ambuja Cements Ltd. Vs. UOI, ABB Ltd. Vs. CCE & ST, Inox Air Products Ltd. Vs. CCE & C, and CCE, Rajkot Vs. Adani Pharmachem Pvt. Ltd., the Tribunal found that the appellant had made out a prima facie case for waiver of pre-deposit. Consequently, the application for waiver was allowed, and recovery stayed pending the appeal's disposal.

2. Eligibility of Cenvat credit for Service Tax on CHA services: The primary issue in this case was the eligibility of the appellant to claim Cenvat credit for Service Tax paid on CHA services used for export-related activities. The Tribunal considered the arguments and previous decisions, ultimately finding in favor of the appellant. By highlighting relevant precedents and recognizing the appellant's prima facie case, the Tribunal granted the waiver of pre-deposit and stayed the recovery of the amounts in question. This decision underscores the importance of establishing a strong legal basis and citing relevant case law to support claims for waiver of pre-deposit in tax matters before the Tribunal.