9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (9) TMI 846 - AT - Central ExciseCENVAT Credit - input services - services were performed after the place of removal Held that - Assessee was entitled to avail input service credit on the services availed by them in the course of their business of manufacturing - appellant has availed all the services in the course of business of manufacturing - appellant was entitled to avail input service credit on the services Following JSW Steel Ltd. vs. CCE Thane I 2012 (12) TMI 141 - CESTAT, MUMBAI - For material handling and terminal handling etc. place of removal was the port of export. Waiver of Pre-deposit Interest and Penalty u/s 15(2) - The assesse had able to make out a case for 100% waiver of pre-deposit of all the dues adjudged - stay granted.
Issues:
Waiver of pre-deposit of duty, interest, and penalty under Rule 15(2) of the CENVAT Credit Rules, 2004 based on the eligibility of certain services as input services under Rule 2(1). Analysis: The applicant, engaged in manufacturing excisable goods, sought waiver of pre-deposit of duty amounting to Rs. 4,46,720/-, interest, and penalty imposed under CENVAT Credit Rules, 2004. The dispute arose from the denial of CENVAT credit on services like Terminal Handling Charges, Documentation Charges, etc., by the department, contending these services did not qualify as input services under Rule 2(1) as they were performed after the place of removal. The applicant argued that the period in question predates the amendment in the definition of input services and that for exports, the place of removal extends to the port, justifying their entitlement to CENVAT credit. They cited precedents and highlighted that CENVAT credit on similar charges had been allowed by CCE Thane I. The Tribunal noted that except for one month, the entire period in question preceded the amendment in the definition of input services, which previously referred to "from the place of removal." Referring to the decision in JSW Steel Ltd. vs. CCE Thane I, the Tribunal established that for services like material handling and terminal handling, the port of export constitutes the place of removal. Consequently, the Tribunal found merit in the applicant's argument, granting 100% waiver of pre-deposit for all dues adjudged, including duty, interest, and penalty. The Tribunal allowed the stay petition, thereby waiving the pre-deposit and staying the recovery of the amount during the appeal process. In conclusion, the Tribunal ruled in favor of the applicant, granting a full waiver of pre-deposit of duty, interest, and penalty based on the interpretation of the definition of input services and the applicability of CENVAT credit to the services in question. The decision was supported by legal precedents and a thorough analysis of the relevant provisions, ensuring a fair adjudication of the matter.
|
