2007 (3) TMI 255 - AT - Service Tax

Allegation that ulilization of the input stage credit on capital goods and other services is improper u/r 6(3) of Cenvat Credit Rules, 2004 as separate accounts of inputs and input services are not maintained - for denial of Cenvat credit, entire SCN as well as OIO has not brought out any evidence that Telephone services provided are an exempted/non-taxable services denial of credit is not justified stay granted

Summary

Issues:
Challenge against demand of service tax, penalty, and interest based on utilization of input stage credit on capital goods and other services under Rule 6(3) of Cenvat Credit Rules, 2004.

Analysis:
The judgment pertains to a stay application against the pre-deposit of a confirmed demand of service tax, penalty, and interest. The demand arose due to the appellant's use of input stage credit on capital goods and other services for discharging service tax liability related to telephone services provided. The tribunal observed that the order of denial of input stage credit to the appellants on capital goods and other services was unsustainable. It noted that the Cenvat Credit Rules, 2004, specifically Rule 6, do not impose restrictions on credit for capital goods as they do for input services used for taxable and non-taxable services. The tribunal highlighted that the Order-in-Original failed to establish the nature of exempted or non-taxable services provided, which was crucial for denying Cenvat credit.

The tribunal found the demand of service tax, penalty, and interest unjust and granted a waiver of the pre-deposit amounts, staying the recovery until the appeal's disposal. The decision was based on the appellants presenting a strong prima facie case for complete waiver of the amounts involved. Additionally, due to the substantial amount in question and the request for an early hearing from both sides, the Registry was directed to schedule the matter for final hearing on a specified date. The judgment emphasized the importance of maintaining separate inventory and records of input services only when used for providing taxable and non-taxable services, without imposing similar restrictions on credit for capital goods under Rule 6 of the Cenvat Credit Rules, 2004.

This detailed analysis of the judgment showcases the tribunal's considerations regarding the improper denial of input stage credit, the lack of evidence regarding exempted services, the unjust nature of the demand, and the subsequent decision to grant a waiver of pre-deposit amounts pending appeal resolution.