2008 (5) TMI 123 - AT - Service Tax

Applicants had availed credit on input services of goods transport, mobile phone, credit card and air travel agent credit denied as outward transport of goods up to the customer s premises does not qualify as input service, phone not installed in premises, no record produced to prove use of credit card service & air travel agent service in relation to conduct of the assessees business - No prima facie case for total waiver - issues will be considered only at the stage of final hearing

Summary

Issues:
1. Admissibility of Cenvat credit on various services under the Cenvat Credit Rules, 2004.

Analysis:
The judgment addresses the issue of admissibility of Cenvat credit on different services under the Cenvat Credit Rules, 2004. The applicants had availed Cenvat credit on services like goods transport, mobile phone service, credit card service, and air travel agent, amounting to Rs. 2,78,183/-. The show cause notice sought to deny this credit as inadmissible. The Asstt. Commissioner dropped the proceedings, but the Revenue's appeal was allowed by the Commissioner (Appeals). The Commissioner held that credit for goods transport service was not admissible as outward transport of goods up to the customer's premises did not qualify as an input service as per Rule 2(1) of the Cenvat Credit Rules, 2004. Similarly, credit for mobile phone service was deemed inadmissible due to phones not being installed in the premises of the service provider as per a CBEC circular. The remaining two services' credits were disallowed as the records did not prove their relation to the conduct of the assessees' business to qualify as input services.

The judgment further discusses the requirement of a prima facie case for total waiver, stating that such issues will be considered at the final hearing of the appeal, not at the interim stage. Considering the facts and circumstances, the tribunal directed a pre-deposit of Rs. 75,000/- towards service tax within eight weeks. Upon this deposit, the pre-deposit of the remaining service tax and an equal amount of penalty would be waived, and the recovery stayed pending the appeal. Non-compliance with this direction would result in the vacation of stay and dismissal of the appeal without prior notice. The compliance report was to be submitted by a specified date.

In conclusion, the judgment provides a detailed analysis of the admissibility of Cenvat credit on various services under the Cenvat Credit Rules, 2004, and sets out the conditions for pre-deposit and waiver of service tax and penalty pending appeal, emphasizing the importance of compliance with the tribunal's directions to maintain the stay and appeal process.