2017 (1) TMI 714 - AT - Service Tax

Interest on credit availed - SIM cards - SIM cards are used for providing Telecommunication Services - whether inputs or capital goods? - whether credit availed on SIM cards admissible? - Held that - mere taking of credit which has been reversed without utilization, no liability for payment of interest or penalty would arise thereof. - the case of the appellant is squarely covered by the decision of the jurisdictional Bench of the Hon ble High Court of Karnataka in the case of Bill Forge Pvt. Ltd. 2011 (4) TMI 969 - KARNATAKA HIGH COURT , where it was held that Without the liability to pay duty, the liability to pay interest would not arise. The liability to pay interest would arise only when the duty is not paid on the due date. If duty is not payable, the liability to pay interest would not arise - demand of interest set aside - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Appeal against rejection of appeals by Commissioner but setting aside penalty under Rule 15
- Demand of interest and penalty for alleged inadmissible cenvat credit on capital goods and SIM cards
- Classification of SIM cards as inputs or capital goods
- Interpretation of relevant legal provisions and case laws
- Applicability of precedents in determining liability for interest on excess credit availed

Analysis:

The case involved two appeals against orders rejecting appeals by the Commissioner but setting aside penalties under Rule 15. The appellant, engaged in providing Telecommunication Services, was issued show-cause notices for alleged inadmissible cenvat credit on capital goods and SIM cards. In the first appeal, the demand for interest and penalty was confirmed, with the Commissioner setting aside only the penalty. The second appeal similarly resulted in the confirmation of interest demand and a reduced penalty. The appellant contended that SIM cards should be classified as inputs, not capital goods, citing various legal precedents supporting this interpretation.

The appellant argued that the impugned orders were legally unsustainable, as they contradicted established legal principles and previous court decisions. The appellant maintained that the SIM cards should be considered inputs based on their utility for providing Telecommunication Services. Citing specific cases, the appellant emphasized that the definition of inputs is broad and covers goods used for output services. Additionally, the appellant argued that no interest should be demanded for excess credit availed, as they were eligible to utilize it from a certain date, supported by the balance in their cenvat credit account during the relevant period.

In response, the learned AR contended that the appellant irregularly availed credit and thus should be liable to pay interest on the excess credit. After considering the arguments and legal citations presented by both parties, the Tribunal found that the appellant's case aligned with the decision of the jurisdictional High Court in a relevant case and the principles established in a Larger Bench decision. Consequently, the Tribunal set aside the impugned orders, allowing both appeals with any consequential relief.

In conclusion, the Tribunal's decision was based on the interpretation of legal provisions, precedents, and the specific circumstances of the case regarding the classification of SIM cards, the eligibility for availing excess credit, and the liability for interest. The judgment emphasized the importance of legal precedents and established principles in determining the outcome of the appeals.