2013 (11) TMI 706 - AT - Service Tax

Stay application - Availment of Cenvat credit - Service tax paid on housekeeping services which are used for hospital, guest house and Director s bungalow and club - Held that - Prima facie these services used outside the factory and therefore the applicant does not have strong case for waiver of pre-deposit - Stay denied.

Summary

Issues involved:
1. Admissibility of Cenvat credit on input services used for hospitals, guest houses, and Director's bungalow and club under Cenvat Credit Rules.

Analysis:

The judgment pertains to an application filed by M/s Bharat Aluminium Co. Ltd. seeking waiver of pre-deposit and stay of recovery against duty demand and penalty confirmed by the original authority. The primary issue in the appeal is whether the Cenvat credit of service tax availed on input services, specifically housekeeping services used for hospitals, guest houses, and Director's bungalow and club, is admissible under the Cenvat Credit Rules. The Revenue had denied the benefit of Cenvat credit, arguing that these services were not directly or indirectly used in the manufacture of the final product.

During the proceedings, the applicant did not appear despite notice, having previously sought an adjournment. The Learned Departmental Representative (DR) reiterated the lower authority's findings, emphasizing that the input services were utilized outside the factory premises in the hospital, guest house, and Director's bungalow. The DR contended that the credit availed by the applicant was not permissible under the Cenvat Credit Rules.

Upon reviewing the appeal papers, the judge observed that the dispute centered on the Cenvat credit availed on service tax paid for housekeeping services used outside the factory premises for hospital, guest house, and Director's bungalow and club. The judge noted that prima facie, these services were indeed used outside the factory, indicating that the applicant did not have a strong case for waiver of pre-deposit. Consequently, the judge directed the applicant to deposit the entire Cenvat credit amount within four weeks and report compliance by 1st July 2013. However, the recovery of penalty was stayed pending the appeal's disposal.

In conclusion, the judgment underscores the importance of adherence to the Cenvat Credit Rules concerning the admissibility of credit on input services used for specific purposes outside the factory premises, highlighting the need for compliance with regulatory requirements and the implications of non-compliance on the waiver of pre-deposit and penalty recovery.