2013 (8) TMI 202 - AT - Central Excise

Waiver of Pre-deposit Cenvat Credit on service Tax paid on CHA Services for the services rendered for the goods exported from port Held that - Relying upon the decision in the case of Adani Pharmachem Pvt. Ltd. 2008 (7) TMI 102 - CESTAT AHMEDABAD , Cenvat Credit is available on CHA services used for the export of goods Waived pre-deposit Decided in favor of Assessee.

Summary

Issues Involved:
- Availment of ineligible CENVAT Credit for Service Tax paid by the CHA for services rendered for goods exported from port.
- Prima facie case for waiver of pre-deposit of amounts involved.

Analysis:

Issue 1: Availment of ineligible CENVAT Credit
The appellant was found to have availed ineligible CENVAT Credit of Rs.61,673 on Service Tax paid by the CHA for services provided for goods exported from the port. The revenue authorities contended that such Service Tax paid on export-related services was not eligible for CENVAT Credit, and interest was also demanded. Both the adjudicating authority and the first appellate authority upheld this decision.

Analysis:
Upon review, it was noted that the issue was of narrow compass, and in the absence of representation from the appellant, the Stay Petition was taken up for disposal. The Ld. Assistant Commissioner (A.R.) was heard, and it was observed that the issue had been settled in favor of the assessee in various Tribunal decisions, including the case of Adani Pharmachem Pvt. Ltd. 2008 (232) ELT 804 (Tri-Ahmd). It was acknowledged that the appellant had a prima facie case for waiver of pre-deposit due to the export of goods and the utilization of CHA services for such exports.

Issue 2: Prima Facie Case for Waiver of Pre-deposit
The appellant successfully demonstrated a prima facie case for the waiver of pre-deposit of the amounts in question. Consequently, the application for the waiver of pre-deposit was allowed, and the recovery of the amounts was stayed pending the disposal of the appeal.

Conclusion:
In conclusion, the Tribunal allowed the application for the waiver of pre-deposit based on the appellant's prima facie case regarding the export of goods and the utilization of CHA services. The decision was influenced by the settled issue in favor of the assessee in previous Tribunal decisions.