2008 (4) TMI 176 - AT - Service Tax

Tribunal Rules in Favor of Appellant: Full Service Tax Credit Granted

JINDAL STEEL & POWER LTD. Versus COMMISSIONER OF CENTRAL EXCISE, RAIPUR

JINDAL STEEL & POWER LTD. Versus COMMISSIONER OF CENTRAL EXCISE, RAIPUR - [2008] 16 STT 206 (NEW DELHI - CESTAT), 2008 (88) RLT 875 (CESTAT - Del.) , 2009 ... Issues:1. Applicability of Notification No. 18/2002-ST dated 16-12-20022. Admissibility of service tax credit3. Utilization of Cenvat Credit for payment of service tax4. Demand of educational cess5. Imposition of penaltiesApplicability of Notification No. 18/2002-ST dated 16-12-2002:The appellant entered into agreements for technical assistance and paid service tax. The Commissioner held the appellant eligible for the benefit of the notification. The appellant argued that they paid tax as directed by the Department and were entitled to Cenvat Credit. The Tribunal found the denial of credit unsustainable, emphasizing the appellant's dual role as provider and recipient of services.Admissibility of service tax credit:The Commissioner disallowed a portion of the credit, citing issues with the timing of invoices and the nature of services received. The Tribunal disagreed, stating that the appellant's status as a recipient entitled them to credit. The Tribunal found the denial of credit unjustified, allowing the appellant to claim the full credit amount.Utilization of Cenvat Credit for payment of service tax:The Commissioner demanded service tax payment, questioning the utilization of Cenvat Credit. The appellant argued that they paid tax on deemed output services and were entitled to credit without restrictions. The Tribunal agreed, noting that the appellant's utilization of credit was permissible under the extended definition of output services.Demand of educational cess:The Commissioner demanded educational cess, which the appellant contested, claiming exemption for the relevant period. The Tribunal ruled in favor of the appellant, stating that the appellant was not required to pay the cess for that period when the levy was not applicable to service tax.Imposition of penalties:The Commissioner imposed penalties on the appellant, which the Tribunal set aside upon allowing both appeals with consequential relief. The Tribunal found in favor of the appellant on all issues, emphasizing their entitlement to credit and the permissible utilization of Cenvat Credit for service tax payment.