2014 (11) TMI 711 - AT - Service Tax

Waiver of pre deposit - CENVAT Credit - Banking and other Financial Services - denial of credit on the basis of e-statement of NPCI - the availment of credit on the basis of photocopy of invoices - Held that - demand of tax was proposed in the show cause notice for an amount of ₹ 18,02,85,012/-. The adjudicating authority deputed the jurisdictional Assistant Commissioner for verification of the documents. The Assistant Commissioner of Central Excise by letter dated 05.11.2012 had given a detailed report and on that basis the adjudicating authority dropped the demand of Cenvat of ₹ 13,10,41,895/-. We find that the submission of the Ld. Advocate, the original documents were before the audit party, had not taken before the adjudicating authority. Such a submission cannot be accepted at the stage of stay petition hearing. The Tribunal in the case of M/s. Century Rayon Vs. CCE, Thane-I reported in 2014 (8) TMI 324 - CESTAT MUMBAI , held that credit cannot be allowed on the basis of photocopy of invoices. Hence, the applicant failed to make out a strong prima facie case for waiver of pre-deposit on availment of cenvat credit on the basis of photocopy of invoices and statement of service provider - Partial stay granted.

Summary

Issues: Denial of Cenvat Credit, Photocopy of Invoices, E-Statement of NPCI

Denial of Cenvat Credit:
The judgment involves the denial of Cenvat Credit amounting to Rs. 4,15,00,019.00 by the Commissioner of Central Excise for the period October 2005 to September 2010, along with the imposition of a penalty. The applicants, registered under the category of 'Banking and other Financial Services,' contested the denial of credit on various grounds. The denial was based on issues such as the non-production of valid documents, absence of prescribed documents, and the e-statement of NPCI. The Tribunal had previously granted unconditional stay on the denial of credit based on the NPCI statement in the appellant's own case.

Photocopy of Invoices:
Regarding the denial of Cenvat credit amounting to Rs. 22,96,985.00 and Rs. 1,69,25,647.00 due to photocopies of invoices and statements of the service provider, the appellant explained that the original documents were misplaced during office shifting. The original documents were later presented before the Central Excise office audit. However, the Revenue argued that credit cannot be allowed based on photocopies of invoices, and the irregular availment of credit was detected by the audit party.

E-Statement of NPCI:
The denial of credit based on the e-statement of NPCI was covered by the Tribunal's stay order in the appellant's case. The Tribunal found that the appellant failed to establish a strong prima facie case for waiver of pre-deposit on the availment of Cenvat credit using photocopies of invoices and statements of the service provider. The Tribunal cited a previous case where it was held that credit cannot be allowed based on photocopies of invoices. Consequently, the Tribunal directed the appellant to pre-deposit Rs. 40,00,000/- within six weeks, with the waiver of the balance amount of Cenvat credit, interest, and penalty until the appeal's disposal.

In summary, the judgment addressed the denial of Cenvat Credit, specifically focusing on issues related to the photocopy of invoices and the e-statement of NPCI. The Tribunal considered the arguments presented by both sides, highlighting the importance of original documents and the inability to establish a strong case for waiver based on photocopies. The decision required the appellant to pre-deposit a specified amount while granting a waiver on the balance pending the appeal's resolution.