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Issues: (i) Whether, for purposes of pre-deposit, CENVAT credit on helicopter management, maintenance and repair service was prima facie admissible; (ii) whether CENVAT credit on rent-a-cab service was prima facie admissible; and (iii) whether CENVAT credit on management consultancy service was prima facie admissible.
Issue (i): Whether, for purposes of pre-deposit, CENVAT credit on helicopter management, maintenance and repair service was prima facie admissible.
Analysis: The helicopter was reflected as an asset in the balance sheet and was treated as connected with business operations, including use by the Managing Director during official travel. On a prima facie view, the service was considered to have business utility.
Conclusion: Prima facie, no pre-deposit was directed on this count.
Issue (ii): Whether, for purposes of pre-deposit, CENVAT credit on rent-a-cab service was prima facie admissible.
Analysis: Part of the amount recovered from employees was not regarded as eligible for credit on the recovered portion. The service, to that extent, did not justify full credit at the interim stage.
Conclusion: Pre-deposit of Rs. 10,000 was directed on this count.
Issue (iii): Whether, for purposes of pre-deposit, CENVAT credit on management consultancy service was prima facie admissible.
Analysis: The invoices were not brought on record, but there was no prima facie material to show that the consultancy was rendered for any company other than the appellant or that it was unrelated to the appellant's business.
Conclusion: No pre-deposit was directed on this count.
Final Conclusion: The appellant was granted partial relief at the interim stage, with pre-deposit confined only to the rent-a-cab component.
Ratio Decidendi: Where the available material shows prima facie business nexus, credit-related pre-deposit may be waived, but any recovered portion lacking such entitlement can still justify a limited deposit direction.