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2014 (2) TMI 338 - AT - Service TaxWaiver of pre deposit - Availment of Cenvat credit - GTA services - Held that - Since the entire disputed amount in these two appeal and the third appeal is in consequence of Cenvat credit availed suo- motto by the appellant. Appellant has made out a case for the waiver of pre-deposit of amount of interest and penalties imposed by the lower authorities. Accordingly, the applications for the waiver of pre-deposit of the amount of interest and penalties involved are allowed and recovery thereof stayed till the disposal of appeals - Stay granted.
Issues:
- Availment of Cenvat credit on service tax paid on GTA services. Analysis: The judgment by the Appellate Tribunal CESTAT Ahmedabad, delivered by Mr. M.V. Ravindran, addresses three stay petitions concerning a common issue related to the availment of Cenvat credit on service tax paid on GTA services by the same assessee. The period in question spans from April 2005 to March 2008 in one appeal and April 2008 to May 2009 in the other. The appellant reversed the entire service tax credit of Rs. 5,00,55,183 by a debit entry in RG 23A Part-II and notified the department about this reversal on 10.03.2011 through a formal letter. The Departmental Representative confirmed that the amount was indeed deposited as per the mentioned letter. The Tribunal noted that the disputed amount in the appeals was a result of the appellant availing Cenvat credit suo-motto. Considering this, the Tribunal found that the appellant had presented a case for the waiver of pre-deposit of the interest and penalties imposed by the lower authorities. Consequently, the Tribunal allowed the applications for the waiver of pre-deposit of the interest and penalties, and the recovery of these amounts was stayed pending the disposal of the appeals. Recognizing the substantial amount involved in the case, both parties agreed to request an out-of-turn hearing. The Tribunal granted this request, directing the registry to list the appeals for disposal on 08.7.2013. The judgment was dictated and pronounced in the Court by Mr. M.V. Ravindran, one of the presiding judges.
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