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2011 (5) TMI 560 - AT - Service TaxWaiver of pre-deposit - credit of service tax paid on GTA service by the appellants for transportation of their goods from factory to customers premises - Held that - Present case is identical to the facts in the case of Vasavadatta Cements Ltd. 2010 (9) TMI 865 - KARNATAKA HIGH COURT wherein credit was allowed on GTA service. As the appellant has made out prima facie case for waiver of pre-deposit of the amounts involved - Application for waiver of pre-deposit of the amounts involved is allowed and recovery thereof stayed till the disposal of the appeal.
Issues:
- Waiver of pre-deposit of irregularly availed Cenvat credit, interest under Section 11AB, and penalty under Rule 15(4) of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. Analysis: The appellant filed a stay petition seeking waiver of pre-deposit of irregularly availed Cenvat credit, interest, and penalty. The main issue revolved around the credit of service tax paid on GTA service for transportation of goods. The appellant argued that a similar case involving Vasavadatta Cements Ltd. had been upheld by the Hon'ble High Court of Karnataka, allowing the credit. The Tribunal noted the identical nature of the facts in both cases and acknowledged the High Court's decision. Consequently, the Tribunal found a prima facie case for waiver of pre-deposit. As a result, the application for waiver was allowed, and the recovery of the amounts involved was stayed pending the appeal's disposal. The decision was pronounced and dictated in court by the judges. This judgment highlights the importance of legal precedents and the significance of similar cases in determining outcomes. By referencing the High Court's decision in a related matter, the Tribunal established a basis for granting the waiver of pre-deposit. The Tribunal's analysis focused on the factual similarities between the current case and the precedent set by Vasavadatta Cements Ltd., emphasizing the relevance of such precedents in shaping legal decisions. The decision to allow the waiver and stay the recovery of amounts pending appeal reflects a balanced approach to addressing the appellant's request while considering established legal principles and interpretations.
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