2009 (2) TMI 716 - AT - Service Tax

Tribunal rules in favor of taxpayers on service tax payment via credit, dismisses Department's irregularity claim

SOBHA DEVELOPERS LTD. Versus COMMR. OF C. EX. & SERVICE TAX, LTU, BANGALORE

The Tribunal found in favor of the applicants, holding that they had validly discharged their service tax liability through payment via credit. The ... - Issues:1. Interpretation of Rule 14/Rule 6 of the Cenvat Credit Rules regarding availing Input Service Credit for taxable and exempted output services.2. Liability to pay service tax on activities under the category of 'Works Contract' for the period April 2006 to March 2007.3. Distinction between exempted services and export services, specifically in relation to services provided to a Special Economic Zone.4. Validity of payment through credit for discharging service tax liability.Analysis:1. The case involved a dispute where the Department demanded payment of balance service tax amount from the applicants, despite them having discharged their service tax liability by utilizing service tax credit earned on input services. The Department contended that the applicants should have restricted the payment through credit to only 20% of the Service Tax on output service, invoking Rule 14/Rule 6 of the Cenvat Credit Rules.2. The Advocate for the applicants argued that the liability to pay service tax did not exist for the period in question (April 2006 to March 2007) as the services were categorized under 'Works Contract' which became taxable only from June 1, 2007. It was further contended that services provided to a Special Economic Zone should be considered as 'export' services, highlighting the distinction between exempted and export services.3. Upon careful consideration, the Tribunal found that the applicants had indeed discharged their Service Tax liability through payment via credit. The Department's argument that such payment was irregular as per the invoked rules was dismissed. The Tribunal held that the applicants had a strong case on merits, ordering a full waiver of the pre-deposit amounts demanded in the impugned order. The Tribunal granted a stay on any coercive measures by Revenue until the appeal's disposal, with the stay order remaining in force even after 180 days.4. The Tribunal emphasized that the payment through credit by the applicants should be considered as valid payment towards Service Tax. The Tribunal's decision to grant a waiver and stay on coercive measures indicated a favorable view towards the applicants' position, allowing the appeal to proceed for a hearing on a specified date.This detailed analysis of the judgment provides insights into the legal interpretations, arguments presented, and the Tribunal's decision on various issues raised in the case.