2022 (9) TMI 1059 - AT - Service Tax

CENVAT Credit - documents evidencing availment of proper credit though were not submitted before the Department at the time of adjudication of the proceeding - Non-imposition of penalty - HELD THAT - Since both sides agree that the issue regarding availment of CENVAT Credit and imposition of penalty should be looked into afresh by the original authority, the matter is remanded with a direction to re-adjudicate the matter with regard to the findings made in the impugned order, concerning availment of CENVAT Credit and imposition of penalty therein. Further, the original authority should also examine the taxability issue of the disputed service whether the same should be liable for payment of Service Tax under the provisions of Service Tax statute. The matter is remanded to the original authority for fresh adjudication of the matter - the appeals are allowed by way of remand to the original authority.

Summary

Issues:
1. Appeal against denial of CENVAT Credit by the Commissioner of Service Tax, Mumbai-VI.
2. Appeal by Revenue against non-imposition of penalty in the impugned order.

Analysis:

Issue 1: Appeal against denial of CENVAT Credit
The assessee-appellant contended that the CENVAT Credit availed by them is in accordance with the statute. They argued that the denial of this benefit in the impugned order was unjustified. The appellant's representative highlighted that although the documents supporting the credit availed were not initially submitted during the proceedings, they are now available for verification. The appellant requested a remand to the original authority for a proper examination based on the documentary evidence provided.

Issue 2: Appeal by Revenue against non-imposition of penalty
On the other hand, the Revenue's appeal centered on the lack of penalty imposition in the impugned order. They expressed dissatisfaction with this aspect and believed that penalties should have been levied. During the hearing, the Revenue's Authorized Representative did not object to the appellant's request for remand to the original authority for re-adjudication based on the newly available documentary evidence.

Overall Decision
After hearing both sides and examining the case records, the Tribunal decided to remand the matter to the original authority for fresh adjudication. The Tribunal directed the original authority to re-examine the issues related to the availment of CENVAT Credit, imposition of penalty, and the taxability of the disputed service under the Service Tax statute. The Tribunal emphasized that all issues are open for discussion during the re-adjudication process and instructed that the appellant should be granted a personal hearing before any fresh decisions are made. Consequently, the appeals were allowed by way of remand to the original authority for further proceedings.

This comprehensive analysis highlights the key arguments presented by both parties, the Tribunal's decision to remand the matter for fresh adjudication, and the specific issues to be re-examined by the original authority in line with the Tribunal's observations.