2015 (8) TMI 1342 - AT - Service Tax

Court sets aside adjudication due to credit allocation issues, allows credit for specific services. Penalties waived for genuine belief.

Kilburn Chemicals Ltd. Versus Commissioner of C. Ex., Tirunelveli

Kilburn Chemicals Ltd. Versus Commissioner of C. Ex., Tirunelveli - 2016 (41) S.T.R. 131 (Tri. - Chennai) Issues:1. Bifurcation of Cenvat credit attributable to different input services.2. Eligibility of Cenvat credit on Security Services and Erection and Commissioning Services.3. Penalty imposition on Cenvat credit.Analysis:Issue 1: Bifurcation of Cenvat creditThe judgment highlights that both lower authorities failed to bifurcate the quantum of Cenvat credit attributable to different input services, leading to difficulty in scrutiny at higher levels. This lack of segregation was deemed sufficient to set aside the adjudication, emphasizing the importance of clear identification and allocation of credit to specific services for proper assessment.Issue 2: Eligibility of Cenvat creditRegarding the Cenvat credit on Security Services at the Guest House, it was established that such services were not related to the manufacturing process, thus disallowing the credit. However, in the case of Erection and Commissioning Services for Wind Turbine Generators, a direct link to power generation was recognized. Despite the services not being directly used in manufacturing, the utilization of power generated for manufacturing purposes established a crucial connection, justifying the appellant's entitlement to Cenvat credit for these specific services.Issue 3: Penalty imposition on Cenvat creditConsidering the decision on the eligibility of Cenvat credit for Erection and Commissioning Services, it was determined that penalty imposition would not be justified as the appellant substantially succeeded on this aspect. The absence of mala fide intent in claiming Security Services as part of power generation activities further supported the decision to waive penalties, emphasizing the appellant's bona fide belief. Therefore, the appeal was allowed to the extent indicated, with no penalties imposed on the Cenvat credit.In conclusion, the judgment addressed the critical issues of proper bifurcation of Cenvat credit, eligibility criteria for specific input services, and penalty imposition, providing a comprehensive analysis to clarify the appellant's entitlement to Cenvat credit on Erection and Commissioning Services while exempting penalties based on the circumstances and beliefs of the appellant.