2016 (1) TMI 1270 - AT - Service Tax

Appeal allowed due to time-barred notice on input tax credit; Penalty set aside.

The Tribunal allowed the appeal in favor of the appellant, ruling that the show cause notice issued beyond the one-year limitation for denial of input ... Input tax credit - repair and maintenance service - invocation of extended period of limitation - Held that: - Since the facts regarding taking of irregular Cenvat credit was known to the Department and the present SCN was issued by invoking the extended period of limitation, the allegation of fraud, suppression, etc. cannot be levelled, justifying issuance of SCN beyond the period of limitation of one year - appeal allowed - decided in favor of appellant. Issues: Denial of input service tax credit on repair and maintenance services during September 2010 to September 2011 based on limitation of time.Analysis:The appellant contested the denial of input service tax credit, arguing that the show cause notice (SCN) issued on 5-9-2013 was time-barred, citing previous SCNs on the same matter. The appellant's advocate referred to the Nizam Sugar Factory case to support the time limitation defense. On the contrary, the respondent's representative reiterated the findings of the impugned order.The adjudicating authority acknowledged that a previous SCN had been issued to the appellant on the same matter. As the Department was aware of the irregular credit issue and the current SCN was issued beyond the one-year limitation, allegations of fraud or suppression were deemed unjustified. The Commissioner (Appeals) set aside the penalty, noting that the issue involved interpretation of statutory provisions and lacked elements of fraud or evasion. The Tribunal concluded that the SCN issued on 5-9-2013, covering September 2010 to September 2011, was indeed time-barred. Consequently, the appeal was allowed in favor of the appellant solely on the grounds of limitation, without delving into the merits of the case.