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of <h1>Tribunal: Predeposit upheld for CENVAT on capital goods, waived for input services</h1> <h3>M/s. Chemplast Sanmar Ltd. Versus LTU, Chennai</h3> M/s. Chemplast Sanmar Ltd. Versus LTU, Chennai - TMI Issues:Application for waiver of predeposit of CENVAT credit on capital goods and input services.Analysis:The applicants sought waiver of predeposit of CENVAT credit amounting to Rs. 14,27,334/- on capital goods and Rs. 22,26,305/- on input services, along with interest and penalty. The case involved availing CENVAT credit on ineligible capital goods used in the railway yard and input services for constructing rest rooms outside the factory premises. The adjudicating authority upheld the demand, interest, and penalty, a decision affirmed by the Commissioner (Appeals).The counsel for the applicants argued that the capital goods were integral to the manufacture of power in the captive power plant, subsequently used in the production of final products. Additionally, he contended that the construction of rest rooms in the railway yard was essential. The counsel cited various precedents to support their arguments. Conversely, the Revenue's representative contended that the capital goods were used in a railway yard shared with others and that the construction of rest rooms did not directly relate to the manufacturing process. The Revenue relied on specific case laws to counter the applicant's claims.After hearing both sides and examining the records, it was noted that the applicants utilized various items in the railway yard and availed input service credit for constructing railway rest rooms. The Tribunal found that the capital goods were indeed used for coal transportation to the captive power plant, citing a relevant High Court judgment. However, concerning the input service credit for rest room construction, the Tribunal concluded that it lacked a direct connection to the manufacturing of excisable goods. The Tribunal determined that the applicants failed to establish a prima facie case for waiving the entire predeposit amount. Consequently, the Tribunal directed the applicants to predeposit Rs. 7,00,000/- within six weeks, with the balance dues' predeposit waived and recovery stayed during the appeal's pendency.
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