2016 (11) TMI 1170 - AT - Central Excise

CENVAT credit - rent paid in maintenance of their guest house - input services - Held that - providing of service at guest house cannot be considered to be an input service and eligible to CENVAT Credit in view of the judgment of Hon ble Gujarat High Court in the case of CCE Vs Gujarat Heavy Chemicals Ltd 2011 (5) TMI 132 - GUJARAT HIGH COURT . However, I find that while imposing penalty under Rule 15(2) of CCR,2004 both the authorities below had not allowed the option to discharge 25% of the penalty subject to fulfillment of the conditions laid down under Sec.11AC of CEA,1944. Thus, the Appellant are entitled to discharge 25% of the penalty imposed on them, subject to fulfillment of conditions laid down under Sec.11AC of CEA,1944 in view of the decision of the Honble Gujrat High Court in the case of CCE Vs Harish Silk Mills 2010 (2) TMI 494 - GUJARAT HIGH COURT . The matter is accordingly remanded to the Adjudicating Authority to ascertain the eligibility to pay 25% penalty - appeal allowed - matter on remand.

Issues involved:
- Eligibility of CENVAT Credit on services related to maintenance of a guest house
- Imposition of penalty under Rule 15(2) of CCR, 2004
- Interpretation of input service as per Rule 2(l) of CENVAT Credit Rules 2004
- Application of Sec.11AC of CEA, 1944 for penalty imposition
- Relevance of judgments by the Hon'ble Gujarat High Court in similar cases

Analysis:
1. Eligibility of CENVAT Credit on services related to maintenance of a guest house:
The Appellant, engaged in manufacturing excisable goods, availed CENVAT Credit for rent paid in maintaining their guest house. The dispute arose regarding whether such services qualify as input services under Rule 2(l) of CENVAT Credit Rules 2004. The learned Advocate argued that these services are related to the business activity and hence eligible for CENVAT Credit. However, the learned Authorised Representative for the Revenue cited a judgment by the Hon'ble Gujarat High Court, which held that services provided in residential quarters of a manufacturer are ineligible for CENVAT Credit. The Tribunal concurred with this view, stating that services at a guest house cannot be considered an input service eligible for CENVAT Credit based on the Gujarat High Court's judgment.

2. Imposition of penalty under Rule 15(2) of CCR, 2004 and application of Sec.11AC of CEA, 1944:
The authorities had imposed a penalty equal to the disputed CENVAT Credit amount under Rule 15(2) of CCR, 2004. However, it was noted that the Appellant should have been given the option to discharge 25% of the penalty as per the conditions under Sec.11AC of CEA, 1944. The Tribunal referred to judgments in cases like CCE Vs Harish Silk Mills and CCE Vs G.P.Presstress Concrete Works by the Hon'ble Gujarat High Court, which supported the option to pay 25% of the penalty. As a result, the Appellant was deemed entitled to avail this option, and the matter was remanded to the Adjudicating Authority to determine the eligibility for the reduced penalty amount.

3. Relevance of judgments by the Hon'ble Gujarat High Court in similar cases:
Throughout the analysis, the Tribunal consistently referred to and relied on judgments by the Hon'ble Gujarat High Court in cases involving similar issues. These judgments provided guidance on the interpretation of relevant legal provisions and the application of penalties in such situations. By citing and applying these judgments, the Tribunal ensured a consistent and legally sound decision-making process in the present case.

In conclusion, the Appellate Tribunal CESTAT Ahmedabad partially allowed the appeal by ruling that services provided at a guest house do not qualify as input services eligible for CENVAT Credit. Additionally, the Tribunal directed the Adjudicating Authority to consider allowing the Appellant to pay 25% of the penalty imposed, in line with the conditions under Sec.11AC of CEA, 1944, based on relevant judgments by the Hon'ble Gujarat High Court in similar cases.

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