2014 (1) TMI 615 - AT - Service Tax

Denial of cenvat credit of CHA services - Waiver of Pre-deposits Held that - Assessee contended that the place of removal is Port and they are taking cenvat credit of the service tax paid on the services used upto the port - Following M/s MTR Foods Ltd. Bangalore. Versus The Commissioner of Central Excise, 2011 (1) TMI 143 - CESTAT, BANGALORE - Activities relating to business are covered by the definition of input service pre-deposits waived till the disposal Stay granted.

Summary

Issues:
Delay in filing appeal, waiver of pre-deposit of cenvat credit, interpretation of place of removal for cenvat credit eligibility.

Delay in filing appeal:
The applicants sought condonation of a 3-day delay in filing the appeal, which was granted by the Tribunal upon considering the reasons provided in the application.

Waiver of pre-deposit of cenvat credit:
The applicants filed a stay application seeking waiver of pre-deposit of cenvat credit, interest, and penalty under Sec 11AC of the Central Excise Act, 1944. They argued that they are engaged in the manufacture of vitamins and chemicals, with exports, and that the department denied cenvat credit of CHA services up to the Port. They contended that the place of removal in their case is the Port, allowing them to claim cenvat credit on services used up to the Port. Citing a decision of the Tribunal in the case of M/s. MTR Foods Ltd., they asserted that cenvat credit on such services should be allowed. However, the Ld. Addl. Commr. A.R. argued that the service is not related to the manufacture of finished goods and that the place of removal is the factory gate.

Interpretation of place of removal for cenvat credit eligibility:
The Tribunal referred to the decision of the Hon'ble High Court of Gujarat in the case of M/s. MTR Foods Ltd., where Cenvat Credit for CHA services was allowed. Relying on this precedent, the Tribunal waived the requirement of pre-deposit of dues adjudged and stayed the recovery during the pendency of the appeal. Consequently, the COD and stay applications were allowed by the Tribunal.

This judgment addressed the issues of delay in filing the appeal, waiver of pre-deposit of cenvat credit, and the interpretation of the place of removal for cenvat credit eligibility. The Tribunal granted condonation of the delay in filing the appeal and allowed the stay application for waiver of pre-deposit of cenvat credit, interest, and penalty. The decision was influenced by the interpretation of the place of removal, as highlighted in the case law of M/s. MTR Foods Ltd., leading to the Tribunal's decision to waive the pre-deposit requirement and stay the recovery during the appeal process.