2014 (1) TMI 1247 - AT - Service Tax

Waiver of pre deposit - Imposition of equal penalty u/s 78 - Availment of CENVAT Credit - Credit on input services used in their captive mines - Services in relation to the manufacture of sponge iron - Held that - Rule 3(1) of Cenvat Credit Rules, 2004, does not restrict the receipt of input services at the factory premises of the assessee like inputs and capital goods to be eligible for availment of credit on the same. In these circumstances, I find that the applicants are able to make out a prima facie case for total waiver of pre-deposit of Service tax and penalties. Accordingly, the requirement of pre-deposit of all dues adjudged is waived and its recovery is stayed during pendency of appeal - Stay granted.

Summary

Issues: Application for waiver of pre-deposit of Service tax and penalties imposed under various provisions of Finance Act, 1994.

Analysis:
- The applicant sought a waiver of pre-deposit of Service tax amounting to Rs. 1,85,400/- along with an equal penalty imposed under Section 78 of the Finance Act, 1994, and other penalties under different provisions of the Act.
- The absence of the applicant was noted during the proceedings, and only the ld. A.R. for the Department was present to represent the case.
- The Department's representative argued that the applicant incorrectly availed Cenvat credit on input services utilized in their captive mines, specifically mentioning the services provided for the preparation of a mining plan at their captive mine, Dumri Coal Block.
- The Tribunal observed that the services availed by the applicant at the captive mine were indeed used for the production of coal, which was subsequently utilized in the manufacture of the final product, sponge iron, at the factory premises in Kandra.
- Referring to the Cenvat Credit Rules, 2004, the Tribunal highlighted that the definition of input services includes the activity of procurement of inputs, and there is no restriction on the receipt of input services at the factory premises for availing credit.
- Based on the prima facie case presented by the applicants, the Tribunal granted a total waiver of pre-deposit of Service tax and penalties, allowing a stay on the recovery of dues during the appeal's pendency.
- The Tribunal concluded the order by granting the stay petition, thereby providing relief to the applicants regarding the pre-deposit requirements and penalties imposed.

This judgment primarily addressed the issue of waiver of pre-deposit of Service tax and penalties under the Finance Act, 1994, based on the interpretation of Cenvat Credit Rules, 2004, and the usage of input services in relation to the manufacturing process.