2013 (12) TMI 498 - AT - Service Tax

Waiver of pre-deposit - Availment of ineligible CENVAT Credit - Cenvat credit availed on the computer generated invoices issued by the service provider - Held that - Service providers have not issued any certificates nor any correspondence is available to come to a conclusion that such service providers have, in fact, issued these invoices to the appellant - Appellant has not made out a case for complete waiver of pre-deposit of the amounts involved - Conditional stay granted.

Summary

Issues:
1. Eligibility for cenvat credit on computer-generated invoices.
2. Requirement of signatures on invoices issued by service providers.
3. Consideration of evidence for payment of service tax.
4. Compliance with Service Tax Rules, 1994 and Cenvat Credit Rules, 2004.
5. Necessity of pre-deposit for appeal disposal.

Analysis:
The judgment pertains to two stay petitions seeking the waiver of pre-deposit of an amount confirmed as ineligible cenvat credit, interest, and penalties. The adjudicating authority found the demand for cenvat credit as ineligible, citing that the appellant availed credit on computer-generated invoices from service providers not compliant with Rule 9 of the Cenvat Credit Rules, 2004.

The appellant's counsel argued that the computerized invoices from service providers, though unsigned, clearly indicated the services received and paid for. The appellant, a multi-channel operator, demonstrated evidence of payment to satellite channels like Star and Zee for services. The counsel cited relevant case laws to support their position.

In contrast, the departmental representative contended that the amended provisions of Rule 2 of the Service Tax Rules, 1994 mandated invoices to be signed by authorized service provider personnel to prevent misuse of unsigned copies. The representative emphasized the broader implications of allowing unsigned invoices.

Upon reviewing the submissions and records, the Tribunal emphasized the need to consider the Service Tax Rules, 1994 along with the Cenvat Credit Rules, 2004 to determine the appellant's eligibility for cenvat credit on unsigned computerized invoices. Notably, there was a lack of documentation proving that service providers issued these invoices to the appellant.

Consequently, the Tribunal ruled that the appellant had not sufficiently justified a complete waiver of pre-deposit. To proceed with the appeal on merits, the Tribunal directed the appellant to deposit a specified amount within a set timeframe. The compliance report was required before a specific date, and pending compliance, the waiver of pre-deposit for the remaining amounts was granted, with recovery stayed until the appeal's final disposal.