2007 (4) TMI 134 - AT - Service Tax

Cenvat Credit Duty paying documents, address of the premises which was not registered, was mentioned on certain invoices. Later on, address of that premises got included in the registration certificate. Department disallowed the credit. Stay granted.

Summary

Issues Involved:
Waiver of pre-deposit of Service Tax amounts based on discrepancies in address on invoices compared to registration certificate.

Analysis:
The judgment by the Appellate Tribunal CESTAT, New Delhi, involved a common issue of seeking waiver of pre-deposit of Service Tax amounts totaling Rs. 12,06,021/- and Rs. 16,21,633/- due to discrepancies in addresses on invoices compared to the registration certificate. The demand was confirmed after denying credit for input services. The applicant argued that a significant portion of the demand was confirmed due to address mismatches, which were later rectified by adding new addresses to the registration certificate upon notification. The applicant acknowledged depositing partial amounts and admitted inadmissible credits due to missing invoices.

The Revenue contended that despite invoices being in the applicant's name, discrepancies in addresses led to the denial of credit. However, it was noted that the registration certificate was subsequently amended to include additional addresses, resolving the discrepancy. The Tribunal directed the applicant to deposit the amounts corresponding to the inadmissible credits within four weeks. For the remaining amount of Service Tax and penalties, the pre-deposit was waived, considering the invoices were in the applicant's name, strengthening their case. The case was adjourned for compliance reporting on a specified date.

In conclusion, the Tribunal's decision balanced the concerns regarding address discrepancies on invoices with the subsequent rectification in the registration certificate. By allowing waiver of pre-deposit for the majority of the amount and directing deposit for specific credits, the judgment aimed to address the issues raised by both parties while ensuring compliance with tax regulations.