2018 (8) TMI 1507 - HC - Central Excise

Maintainability of appeal - substantial questions of law - monetary amount involved - Held that - It is made clear that dismissal of present appeal will not be taken as upholding the order passed by the Tribunal as the legal issue raised therein is left open to be considered in an appropriate case.

Summary

Issues:
Challenge to the order of Customs, Excise and Service Tax Appellate Tribunal on substantial questions of law.

Analysis:
The appellant challenged the order dated 05.06.2017 passed by the Customs, Excise and Service Tax Appellate Tribunal, Chandigarh, raising several substantial questions of law. These questions included the legality and tenability of the impugned order, the allowance of CENVAT Credit for specific services related to repair, maintenance, architecture, and training provided to a sister concern, and the lack of nexus between services availed and the manufacturing process. The appellant also questioned the failure to consider Rule 9 of CENVAT Credit Rules, 2004, regarding the basis for claiming CENVAT Credit, and the reliance on debit notes not mentioned in the rules. Furthermore, the appellant argued that the Tribunal erred in overlooking the requirement to establish a nexus between services rendered and the business carried out to claim CENVAT Credit, citing a precedent from the Hon'ble Apex Court. Additionally, the appellant contested the Tribunal's reliance on a judgment from the Bombay High Court in a different case pending before the Supreme Court, arguing that the facts and circumstances were not analogous.

The appellant's counsel highlighted that the amount involved in the appeal was ?40,06,525, which was below the limit set by a Circular issued by the Central Board of Indirect Taxes & Customs. Consequently, the appellant requested the dismissal of the appeal on this basis. The court dismissed the appeal based on the amount involved but clarified that the dismissal should not be construed as upholding the Tribunal's order, leaving the legal issues raised by the appellant open for consideration in a suitable case.