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2015 (8) TMI 688 - HC - Service TaxDenial of CENVAT Credit - Tax paid on travels for transportation of their Staff for pick up and drop from residence to factory - Held that - Order-in-Original came to be passed demanding a sum of ₹ 1,60,116/- (service tax credit of ₹ 92,901/- ₹ 64,077/-) Edu. Cess (i.e. 1,857/- 1281). The monetary limit for filing an appeal having been fixed at ₹ 2 Lakhs, even as per the order of the original authority, the demand of tax, interest and penalty being less than ₹ 2 Lakhs, the appeal is not maintainable. - circular issued by the Board is squarely applicable to the facts of the present case and, therefore, this Court is not inclined to entertain this appeal - Decided against Revenue.
Issues:
1. Appeal against Tribunal's order 2. Availment of Cenvat Credit on service tax 3. Maintainability of appeal based on monetary limit Analysis: 1. The appellant, the Revenue, challenged the Tribunal's order rejecting their appeal. The substantial questions of law raised included the allowance of credit for Service Tax paid on transportation of staff and reliance on previous decisions pending appeal. 2. The assessee, a manufacturer of furniture, availed Cenvat Credit on Service Tax for various expenses, including staff transportation, telephone charges, and insurance policies. A show cause notice was issued for wrongful availment of credit, leading to a demand for recovery. The Commissioner (Appeals) allowed credit for staff transportation and telephone charges but denied it for insurance policies and personal accident charges. 3. The Department's appeal to the Tribunal was rejected, prompting the present appeal. However, the maintainability of the appeal was questioned based on the Government's litigation policy setting a monetary limit for filing appeals. The monetary limit was set at Rs. 2 lakhs, and since the demand in this case was below that threshold, the appeal was deemed not maintainable. 4. The Court noted the monetary limit specified by the Government's policy and dismissed the appeal on the grounds of not meeting the threshold amount for filing appeals. Despite the questions of law raised, the appeal was not entertained due to the monetary limit being below Rs. 2 lakhs, as per the circular issued by the Board.
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