9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (6) TMI 421 - AT - Service TaxCENVAT Credit - Penalty - Held that - This is not a case of availing irregular credit by reason of fraud, collusion etc. This is a case where the appellants were under the bona fide belief that credit of service tax paid on all the services utilized by them both for providing authorized service and for sale is available to them and they have paid the service tax subsequently. I am of the view that this is a case which is squarely covered under the provisions of Rule 15(1) of the CENVAT Credit Rules, 2004 which prescribes a maximum penalty of Rs. 2,000/- for taking or utilizing CENVAT credit wrongly. Hence the penalty of Rs. 71,965/- is reduced to Rs. 2,000 - Decided partly in favour of assessee.
Issues: Availment of CENVAT credit on input services used for both service provision and sales, waiver of penalty due to inadvertent credit availing.
Analysis: 1. Availment of CENVAT credit on input services: The appellants in this case were providing both services and sales from a common premises. They believed they could take credit of tax paid on input services utilized for both purposes. The credit amount involved in services used for sale was Rs. 71,965/-. The appellants did not challenge the amount or the inadmissibility of the credit. The tribunal noted that the appellants were under a bona fide belief that the credit was admissible for all services utilized by them. The tribunal analyzed that this situation falls under Rule 15(1) of the CENVAT Credit Rules, 2004, which allows a maximum penalty of Rs. 2,000 for wrongly taking or utilizing CENVAT credit. 2. Waiver of penalty due to inadvertent credit availing: The appellants, through their counsel, requested a waiver of the penalty as they had taken the credit inadvertently and in good faith, believing it to be admissible. The tribunal considered the arguments from both sides and concluded that this case did not involve irregular credit availing through fraud or collusion. It was established that the appellants genuinely believed they were entitled to the credit. Therefore, the tribunal decided to reduce the penalty from Rs. 71,965 to Rs. 2,000, in line with the provisions of Rule 15(1) of the CENVAT Credit Rules, 2004. The tribunal partially allowed the appeal in favor of the appellants. In summary, the judgment addressed the issue of availing CENVAT credit on input services used for both service provision and sales, and the subsequent waiver of penalty due to the inadvertent nature of the credit availing process. The tribunal considered the bona fide belief of the appellants and applied the relevant rule to reduce the penalty amount significantly.
|
