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2013 (10) TMI 387 - AT - Service TaxCENVAT credit - Waiver of pre deposit - Held that - Denial of credit of Rs.36, 66, 326/- on capital goods received prior to 1.6.2007 much before the introduction of levy on renting of immovable property. It is also noted that denial of credit of Rs.36, 54, 833/- in respect of service tax paid for the construction of immovable property they have received service prior to 1.6.2007 has been clearly mentioned in the impugned order. It is further noted that the applicant had not produced the documents before the adjudicating authority. The submission of the learned counsel that the applicant placed all the documents would be examined at the time of appeal hearing at length. It has been held by the Tribunal in various cases as cited by the learned AR that credit cannot be availed on the capital goods received before the service became taxable under the Finance Act 1994. Prima facie we find that the applicant have not declared the details of the nature of CENVAT credit in their ST-3 returns - applicant has failed to make out a prima facie case for waiver of entire amount of tax along with interest and penalty - stay granted partly.
Issues:
Waiver of pre-deposit of tax, denial of CENVAT credit on capital goods received before and after the introduction of levy on renting of immovable property service, denial of credit on immovable property, limitation of demand, suppression of facts in filing returns. Analysis: The applicant sought waiver of pre-deposit of tax amounting to Rs.76,24,217/- along with interest and penalty for the period 1.6.2007 to 31.3.2009. The main contention revolved around the denial of CENVAT credit, particularly Rs.36,66,326/- on capital goods received before the introduction of the levy on renting of immovable property service on 1.6.2007. The applicant argued that they were eligible for credit on goods received after the levy introduction, emphasizing the denial was based on the Board's Circular, which they disputed citing relevant case laws supporting their position, including the decision of the Hon'ble Andhra Pradesh High Court and the Tribunal. The applicant also claimed the demand was time-barred, highlighting the submission of ST-3 returns declaring the transactions. The AR for Revenue, however, supported the denial of credit on various grounds, including the timing of goods receipt and lack of document production by the applicant. The Tribunal, after considering both parties' arguments and reviewing the records, agreed with the Revenue's stance on the denial of credit for capital goods received before the levy introduction and services related to immovable property received prior to 1.6.2007. The Tribunal noted the absence of document submission by the applicant and the failure to declare CENVAT credit details in their ST-3 returns. Citing precedents, the Tribunal affirmed that credit cannot be availed on goods received before the service became taxable under the Finance Act, 1994. Consequently, the Tribunal found the applicant failed to establish a prima facie case for a full waiver of the tax amount, directing a deposit of Rs.30,00,000/- within eight weeks, with the balance dues predeposit waived and recovery stayed during the appeal process. In conclusion, the judgment addressed the issues of denial of CENVAT credit on capital goods and immovable property services, emphasizing the importance of document submission and accurate declaration in returns. The decision highlighted the legal principles governing credit availment and upheld the Revenue's position on the denial based on the timing of goods receipt and lack of supporting documentation. The Tribunal's directive for partial deposit and waiver reflected a balanced approach considering the arguments presented by both parties.
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