2012 (8) TMI 245 - AT - Service Tax

Tribunal denies Service Tax exemption due to CENVAT Credit use, stresses compliance

The Tribunal held that the appellant was not eligible for Service Tax exemption under Notification No. 6/2005-ST due to availing CENVAT Credit on capital ... Demand of Service Tax – denial of benefit of exemption under Notification No. 6/2005-ST - demand on the ground that the appellant has availed CENVAT Credit on input services and capital goods – Held that:- Once the appellant avail CENVAT Credit on the capital goods received in the premises from where he provides taxable service, the benefit of exemption under Notification No. 6/2005-ST, would not be available - appellant is directed to deposit full amount of Service tax Issues:Service Tax exemption under Notification No. 6/2005-ST availed by the appellant based on CENVAT Credit on input services and capital goods.Analysis:The judgment revolves around the appellant's eligibility for Service Tax exemption under Notification No. 6/2005-ST, which provides exemption if the value of taxable service provided does not exceed Rs. 4 lakhs in a financial year. The appellant availed CENVAT Credit on input services and capital goods, leading to a demand for Service Tax of Rs. 33,808/- and penalties imposed. The issue hinged on whether the appellant fulfilled the conditions of the notification to avail the exemption.The Tribunal examined the provisions of the notification, specifically Para 2 (ii) & (iii), which outline the circumstances where the exemption would not apply. These clauses restrict the provider of taxable service from availing CENVAT Credit on input services and capital goods if they seek exemption from Service Tax under the notification. The appellant argued that they did not avail input credit on services but only on duty paid for capital goods. However, it was acknowledged that the capital goods were received at the premises where the taxable service was provided, leading to a nuanced interpretation of the notification's provisions.The Tribunal analyzed the interplay between the notification and the CENVAT Credit Rules concerning capital goods and service providers. Despite extensive arguments on the applicability of CENVAT Credit Rules, the Tribunal held that once the appellant availed CENVAT Credit on capital goods received at the service provision premises, the exemption under Notification No. 6/2005-ST would be unavailable. The Tribunal rejected the contention that the appellant had a strong prima facie case and noted that the issue involved interpretation of the notification, warranting the deposit of the entire Service Tax demand.Consequently, the Tribunal directed the appellant to deposit the full amount of Service Tax within a specified timeframe, with the waiver of pre-deposit of interest and penalties under various Sections during the appeal's pendency. The judgment underscores the importance of strict adherence to the conditions stipulated in notifications for availing tax exemptions and the significance of complying with the regulatory framework governing CENVAT Credit in determining eligibility for such benefits.