Appeal Dismissed: Excess CENVAT Credit & Baggage Charge Demands Deemed Unsustainable; Limitation Period Exceeded.

The Commissioner dismissed the department's appeal, concluding that the demand for Rs. 21.55 crores for excess CENVAT credit was unsustainable, as the previous year's ratio should not apply to exempted services. The demand for Rs. 4.01 crores for excess baggage charges was also invalid, as these charges were part of "Transportation of Passengers by Air Service." Additionally, the extended period of limitation under section 73(1) of the Finance Act was inapplicable, as the show cause notice was issued beyond the permissible timeframe. Consequently, the department's claims were rejected, and the proposed demands were set aside.

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Issues:
The judgment involves the following Issues:
1. Whether CENVAT credit was allowable under rule 14 of the 2004 Credit Rules and penalty under section 15(3) was imposable for contravention of rule 6(3A).
2. Whether service tax on excess baggage charges recovered from passengers should be leviable.
3. Whether the extended period of limitation under section 73(1) of the Finance Act was invokable for suppression of facts.

Issue 1:
The Commissioner concluded that the demand of Rs. 21.55 crores for excess claim of CENVAT credit during July 2010 to March 2011 was not tenable. The Commissioner determined that the previous year's ratio should not be adopted for reversing CENVAT credit for exempted services. The Commissioner noted that no CENVAT would be available in the current year if 100% services were exempt in the previous year. The Commissioner found that the demand for excess CENVAT credit was not sustainable.

Issue 2:
The Commissioner agreed with the assessee that charges collected for excess baggage should be included in the turnover of "Transportation of Passengers by Air Service." The Commissioner held that the demand of Rs. 4.01 crores for excess baggage charges collected from passengers was not sustainable. The Commissioner noted that service tax was payable at a specific rate and the demand by the department was not valid.

Issue 3:
The Commissioner observed that the extended period of limitation could not be invoked in this case. The Commissioner found that the show cause notice was issued after more than two years of the facts coming to the knowledge of the department. The Commissioner held that the extended period of limitation could not have been invoked by the department. The Commissioner dismissed the appeal filed by the department as the demand proposed in the show cause notice had to be set aside due to the absence of a challenge to the finding regarding the extended period of limitation.

In conclusion, the Commissioner dismissed the appeal filed by the department based on the findings related to the three main issues discussed in the judgment.

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