2013 (12) TMI 1219 - AT - Service Tax

Waiver of pre deposit - Demand of service tax - Job work - Held that - activity undertaken by the applicants is of job-work following the procedure under Rule 4(5)(a) of the Cenvat Credit Rules, 2004. Therefore, the provisions of Service Tax are not applicable to the facts of this case. The applicants are having a good case on limitation also - Stay granted.

Summary

Issues:
Waiver of pre-deposit of Service Tax, interest, and penalties confirmed against the applicants by the impugned order.

Analysis:
The applicants sought waiver of pre-deposit of Service Tax, interest, and penalties confirmed against them by the impugned order. They contended that they were engaged in job-work of converting 'Crude Para Nitro Cumene' into 'Crude Para Cumidines' following the provisions of Rule 4(5)(a) of the Cenvat Credit Rules, 2004. After processing the goods, they cleared the goods to their principal manufacturer without payment of duty. The department argued that the activities undertaken by the applicants fell under 'Business Auxiliary Services' as production of goods on behalf of the client, covered under Section 65(19)(v). Consequently, Service Tax was confirmed, stating that the activity did not amount to manufacture.

The Tribunal considered the rival submissions and determined that the activity undertaken by the applicants constituted job-work in accordance with Rule 4(5)(a) of the Cenvat Credit Rules, 2004. Therefore, the provisions of Service Tax were deemed inapplicable to the circumstances of the case. Additionally, the Tribunal noted that the applicants had a strong case regarding the limitation. Consequently, the Tribunal waived the requirement of pre-deposit of the dues adjudged in the impugned order and stayed the demand during the pendency of the appeal.

In conclusion, the Tribunal ruled in favor of the applicants, finding that their activities constituted job-work under the relevant rules and were not subject to Service Tax. The waiver of pre-deposit was granted, and the demand was stayed during the appeal process. The judgment provided clarity on the applicability of Service Tax in job-work scenarios and emphasized adherence to the provisions of the Cenvat Credit Rules, 2004.