2012 (5) TMI 383 - AT - Central Excise

Credit of service tax paid on different services for the purpose of paying duty in respect of various goods manufactured - held that - In view of decision in MURUGAPPA MANAGEMENT SERVICES LTD & Others (2011 (10) TMI 501 (Tri)) and Ultratech Cement Ltd. (2010 (10) TMI 13 (HC)) while decided the issue in favor of assesse, matter remanded back for fresh decision.

Summary

Issues involved:
Whether the appellants are eligible to take credit of service tax paid on different services for paying duty on various manufactured goods.

Analysis:

Issue 1: Eligibility of credit of service tax for paying duty

The appeal revolves around the eligibility of the appellants to claim credit of service tax paid on various services for the purpose of paying duty on the goods they manufacture. The Tribunal referred to a previous batch of twenty appeals where a similar issue was addressed. In those cases, the Tribunal remanded the matters to the original authority based on an observation made in a Final Order related to a case involving CST, Chennai Vs. M/s. Murugappa Management Services Ltd. & Others. The Tribunal noted that although the Hon'ble Bombay High Court's order in the case of Ultratech Cement did not consider the provisions of Section 37(2) of the Central Excise Act, 1944, which limit the rule-making power for granting credit of tax paid on services used in or in relation to the manufacture of final excisable goods, the absence of a stay order against the Bombay High Court's decision necessitated following it. Consequently, the Tribunal set aside the impugned orders in the twenty appeals and remanded the matters to the original authorities for fresh decisions based on the ratio established in the Ultratech Cement case.

Issue 2: Remand for fresh decision

In line with the decision made in the aforementioned batch of appeals, the Tribunal set aside the impugned order in the present case as well and remanded the matter to the original authority, specifically the jurisdictional DC/AC, for a fresh decision on the same terms. This remand was based on the Tribunal's adherence to the precedent set by the Ultratech Cement case and the need for consistency in applying the legal principles across similar cases.

Issue 3: Disposal of stay petition

Additionally, the Tribunal disposed of the stay petition filed by the appellant, indicating that the matter was resolved as part of the overall decision made in the appeal. The disposal of the stay petition signifies the conclusion of that specific procedural aspect of the case, ensuring clarity and closure on that particular issue.

In conclusion, the judgment reflects a consistent application of legal principles regarding the eligibility of claiming credit of service tax for paying duty on manufactured goods, emphasizing the importance of following established precedents and ensuring uniformity in decision-making across similar cases.