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2012 (6) TMI 122 - AT - Service TaxEligibility of CENVAT Credit of the Service Tax paid to clearing house agents for export of the goods - Stay Petition for waiver of pre-deposit of CENVAT Credit with interest and equal amount of penalty - Held that - As decided in COMMR. OF C. EX., MYSORE Versus CHAMUNDI TEXTILES (SILK MILLS) LTD. 2010 (4) TMI 450 (Tri) , Tata Steel Ltd. Vs. CCE Mumbai-IV 2010 (11) TMI 287 (Tri) such credit needs to be allowed - in favour of assessee.
Issues:
Waiver of pre-deposit of CENVAT Credit, eligibility of CENVAT Credit for Service Tax paid to clearing house agents for export of goods. Analysis: The Stay Petition was filed seeking waiver of pre-deposit of CENVAT Credit amounting to Rs.4,61,178/- with interest and an equal penalty. The amounts were confirmed by the adjudicating authority and upheld by the first appellate authority on the grounds of availing ineligible CENVAT Credit for Service Tax paid to clearing house agents for exporting goods. After a brief hearing, the Tribunal found the issue to be narrow and allowed the Stay Petition to proceed with the appeal. It was noted that the CENVAT Credit in question was taken for the period from May 2008 to March 2010, based on the Service Tax paid to CHA for services rendered in exporting goods. The Tribunal referenced previous decisions where it was held that such credit should be allowed, establishing a settled position on the matter. The Tribunal cited several cases, including Flamm Minda Automative Ltd. Vs. CCE Delhi-III 2011, Tata Steel Ltd. Vs. CCE Mumbai-IV 2011, CCE Mysore Vs. Chamundi Textiles (Silk Mills) Ltd. 2010, and CCE Rajkot Vs. Rolex Rings Pvt.Ltd. 2008, where a consistent view was taken that the CENVAT Credit for Service Tax paid to CHA for export services should be permissible. Based on this settled position, the Tribunal concluded that the impugned order was to be set aside. Consequently, the Tribunal set aside the impugned order and allowed the appeal, thereby ruling in favor of the Assessee and granting the waiver of pre-deposit of CENVAT Credit along with interest and penalty.
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