2012 (5) TMI 401 - AT - Service Tax

Waiver of pre-deposit of Service Tax - Cenvat credit - applicant has contended that regarding mobile phone that it is for the official use or director of the company. Board has issued a Circular allowing the CENVAT credit on mobile phones. So far as insurance premium on vehicles is concerned the applicant has admitted that the vehicles are used for transportation of inputs and capital goods except in case of one vehicle. pre-deposit of service tax, interest and penalty is waived

Summary

Issues:
Waiver of pre-deposit of Service Tax, interest, and penalty under Rule 15 of CENVAT Credit Rules, 2004 read with section 11AC of Central Excise Act, 1944.

Analysis:
The applicant sought waiver of pre-deposit of Service Tax, interest, and penalty amounting to Rs.18,918/- imposed under Rule 15 of CENVAT Credit Rules, 2004 read with section 11AC of Central Excise Act, 1944. The applicant had taken credit of service tax paid on mobile phones and insurance premiums for vehicles, health guard policy, and personal accident policy for staff. The lower adjudicating authority disallowed the credits, leading to demands of service tax, interest, and penalty. The Commissioner (Appeals) affirmed the decision. The applicant argued that mobile phone bills were in the company's name and used for business purposes, while insurance premiums were for transportation of inputs and capital goods. The JDR contended that mobile phone bills were in individual names, vehicles were passenger vehicles, and the applicant did not pay premiums for health guard/accident policies.

The Tribunal analyzed the case, noting that mobile phones for official use or by company directors could qualify as input services. Citing a Bombay High Court case, it emphasized the wide definition of "input service" covering services used in relation to the business of manufacturing final products. The Board's Circular allowed CENVAT credit on mobile phones. Regarding insurance premiums for vehicles, the Tribunal found that services used in the place of business and manufacturing final products were considered input services. The Tribunal differentiated the services covered in this case from a previous decision. Considering the prima facie favorability of the applicant's case and the Board's Circular allowing CENVAT credit on mobile phones, the Tribunal waived the pre-deposit of service tax, interest, and penalty, staying their recovery during the appeal's pendency.

In conclusion, the Tribunal granted the applicant's request for waiver of pre-deposit of Service Tax, interest, and penalty, citing the broad definition of "input service" and the prima facie favorability of the applicant's case based on relevant legal precedents and circulars.