2011 (4) TMI 817 - AT - Service Tax

Cenvat credit of service tax - Inputs used in the manufacture of Bio-compost fertilizer - Held that -The assessees have made out a case on merits in the light of Tribunal s decision in their own case 2011 (2) TMI 1137 - CESTAT CHENNAI wherein the activity related to the use of JCB for the purpose of unloading of press mud required for converting waste into Bio-compost was accepted as input service in relation to the assessee s business. Demand interest and penalty - Held that - Tribunal in several decisions including Manipal Advertising Services Pvt. Ltd. Vs. CCE Mangalore 2009 (10) TMI 434 - CESTAT BANGALORE & Shyam Forgings Pvt. Ltd. Vs. CCE Kolkata 2005 (1) TMI 559 - CESTAT KOLKATA held that in the absence of any dispute on the use of the service in the factory of the assessees and the payment of tax on the service credit cannot be denied for technical violation - Decided in favour of assessee.

Summary

Issues:
1. Admissibility of credit on the activity of digging pits for storage of press mud
2. Appropriation of payment towards reversal of cenvat credit on 'Computerized Attendance Recording System'
3. Imposition of penalties under Rule 15(3) of Cenvat Credit Rules, 2004 and Rule 25 (1) (a) of Central Excise Rules, 2002

Analysis:

Admissibility of credit on the activity of digging pits for storage of press mud:
The appeal challenged the demand upheld by the Commissioner of Central Excise (Appeals) regarding the admissibility of credit on the activity of digging pits for storage of press mud. The Tribunal referred to a previous decision in the assessee's own case where the use of JCB for unloading press mud for converting waste into Bio-compost was accepted as an input service. Based on this precedent, the Tribunal found merit in the assessee's case and set aside the duty demand, interest, and penalty related to this issue.

Appropriation of payment towards reversal of cenvat credit on 'Computerized Attendance Recording System':
The Tribunal noted that the appropriation of Rs. 3,019/- towards the reversal of cenvat credit on the 'Computerized Attendance Recording System' was not contested by the assessees. Consequently, the Tribunal upheld this appropriation as agreed upon by the assessees.

Imposition of penalties under Rule 15(3) of Cenvat Credit Rules, 2004 and Rule 25 (1) (a) of Central Excise Rules, 2002:
Regarding the imposition of penalties under Rule 15(3) of Cenvat Credit Rules, 2004 and Rule 25 (1) (a) of Central Excise Rules, 2002, the Tribunal considered past decisions and established that credit cannot be denied for technical violation if there is no dispute on the use of the service in the factory of the assessees and the payment of tax on the service. Consequently, the Tribunal set aside the duty demand, interest, and penalty related to this issue.

In conclusion, the appeal was partly allowed with the duty demand, interest, and penalty being set aside for the admissibility of credit on the activity of digging pits for storage of press mud. The appropriation of Rs. 3,019/- towards the reversal of cenvat credit on the 'Computerized Attendance Recording System' was upheld as agreed upon by the assessees.