2012 (9) TMI 452 - AT - Service Tax

Waiver of pre-deposit - denial of credit is on the ground that these services were received by the appellant for the purpose of construction of a mall which was prior to the services provided i.e. renting of immovable property, sale of space or time for providing advertisement services Held that - Credit to the services which in relation in setting up premises of provider of output service should be granted - If it is undisputed, that if an assessee to provide an output service, the credit of input service tax paid on the input services for the creation of such premises cannot be denied - appellant has made out a prima facie case for the waiver of pre-deposit of the amounts involved

Summary

Issues Involved:
Denial of cenvat credit for various input services used in construction activities.

Analysis:
The issue in this case revolves around the denial of cenvat credit for a range of input services utilized during the construction of a mall. The appellant sought a waiver of pre-deposit concerning a substantial amount confirmed by the adjudicating authority and upheld by the first appellate authority. The denial of credit was based on the argument that the services were received for construction purposes before activities such as renting out space or providing advertisement services. The definition of "input service" during the relevant period was crucial in determining the eligibility for credit. The definition included services related to setting up premises for output services, among others. The Tribunal noted that if an assessee needs to provide an output service, the credit for input services used in creating the necessary premises cannot be denied. The Tribunal referred to a previous judgment that supported the appellant's position, indicating a prima facie case for the waiver of pre-deposit. Consequently, the Tribunal allowed the application for waiver and stayed the recovery of the amounts until the appeal's disposal. Additionally, an out-of-turn hearing was scheduled for a specified date to expedite the appeal process.

This judgment highlights the importance of correctly interpreting the definition of input services in the context of providing output services. The Tribunal's decision was influenced by precedent and upheld the appellant's right to claim cenvat credit for the input services utilized in constructing the mall. The case demonstrates the significance of understanding the nexus between input services and the ultimate provision of output services to determine the eligibility for cenvat credit. The Tribunal's thorough analysis of the legal framework and relevant precedents ensured a fair consideration of the appellant's claim for the waiver of pre-deposit. The decision underscores the need for a clear understanding of the statutory provisions and judicial interpretations to uphold the principles of tax credit eligibility in the context of construction activities.