2015 (11) TMI 719 - AT - Service Tax

Denial of CENVAT Credit Appellant contends that appeal should be treated as Service Tax appeal and Appellate Authority has no power to condone delay Revenue contends that appeal should be treated as an excise appeal Held That - Original adjudicating authority denied CENVAT Credit as per Rule 14 of Cenvat Credit Rules, 2004 Appellant is a manufacturer and utilizer of credit for payment of duty of excise - Such matters are being treated as Excise matters No mistake found in order of Tribunal Decided against the Appellant.

Summary

Issues Involved:
1. Denial of Cenvat credit of Service Tax.
2. Classification of the appeal as a Service Tax appeal or an excise appeal.
3. Power of the appellate authority to condone the delay in filing the appeal.

Analysis:

1. The primary issue in this case pertains to the denial of Cenvat credit of Service Tax on services utilized in manufacturing the final product. The appellant argued that the appeal should be treated as a Service Tax appeal, allowing a longer period for filing the appeal before the Commissioner (Appeals). However, the appellate authority dismissed the appeal on the grounds of limitation, stating that the appeals were filed beyond the condonable period of 30 days.

2. The second issue revolves around the classification of the appeal as either a Service Tax appeal or an excise appeal. The Revenue contended that the issue pertains to the availability of Cenvat credit under the Cenvat Credit Rules, which relates to excise matters. The Tribunal concurred with the Revenue's argument, noting that the denial of Cenvat credit was based on Rule 14 of the Cenvat Credit Rules, 2004, and Section 11A of the Central Excise Act 1944. Consequently, the Tribunal treated the matter as an excise issue.

3. Lastly, the question of whether the appellate authority had the power to condone the delay in filing the appeal arose. The appellant's advocate argued that the authority should have condoned the delay given the nature of the appeal as a Service Tax matter. However, the Tribunal upheld the original decision, stating that there was no mistake in the order and consequently rejected the application for recall.

In conclusion, the Tribunal upheld the original decision to deny the Cenvat credit, treating the matter as an excise issue and affirming the dismissal of the appeal based on the limitation period. The application for recalling the order was rejected, emphasizing the classification of the appeal and the authority's power to condone the delay in filing the appeal.