2024 (2) TMI 821 - AT - Service Tax

CENVAT credit reversal with interest removes bar on claiming service tax exemption under Notification 01/2006-ST

CESTAT Chennai held that appellant was eligible for exemption under Notification No. 01/2006-ST dated 01.03.2006 despite initially availing CENVAT credit ... Eligibility for exemption under N/N. 01/2006-ST dated 01.03.2006 - credit was availed and utilised on input services under CENVAT Credit Rules, 2004 but paid back along with interest on being pointed out - HELD THAT:- The issue is no more res-integra and squarely covered by various decisions of the Tribunal which have held that when availed CENVAT Credit is reversed along with interest, the appellant is eligible for abatement and the claim of exemption under Notification No. 01/2006-ST dated 01.03.2006 not barred. In the case of M/S. OLD WORLD HOSPITALITY LIMITED VERSUS CST, NEW DELHI [2017 (2) TMI 1176 - CESTAT NEW DELHI] it has been held that the appellant is eligible for abated rate of duty as they have reversed the Cenvat credit availed during the material time, fully. As such, the bar on claiming on such exemption is no more applicable. The Tribunal New Delhi in the case of M/S. TRAVEL INN INDIA PVT. LTD. VERSUS C.S.T., DELHI [2015 (6) TMI 626 - CESTAT NEW DELHI] has held that On being realisation that they are not entitled to take the Cenvat credit if they are availing the benefit of exemption Notification No.1/2006-ST. Therefore, we hold that the reversal of Cenvat credit by the appellant amounts to non-availment of Cenvat credit. Thus, after appreciating the above judicial decisions, the facts being the same, the appeal is allowed. Issues Involved:1. Eligibility for exemption under Notification No. 01/2006-ST dated 01.03.2006.2. Impact of availing and subsequent reversal of CENVAT Credit on exemption eligibility.Summary:Issue 1: Eligibility for exemption under Notification No. 01/2006-ST dated 01.03.2006The primary issue for decision was whether the appellant was eligible for exemption under Notification No. 01/2006-ST dated 01.03.2006, despite availing and utilizing CENVAT Credit on input services. The appellant, engaged in Rent-a-Cab and Tour Operator Services, had availed abatement and utilized CENVAT Credit, which contravened the main condition of the said Notification, leading to a wrong assessment of Service Tax liability for the period from April 2010 to March 2011.The Adjudicating Authority confirmed the Service Tax demand and imposed a penalty under Section 76 of the Finance Act, 1994. The Commissioner (Appeals) upheld the Service Tax demand but waived the penalty. The appellant contended that the reversal of wrongly availed credit along with interest should be considered as credit not taken, thus making them eligible for abatement.Issue 2: Impact of availing and subsequent reversal of CENVAT Credit on exemption eligibilityThe appellant argued that once the wrongly availed credit was paid back along with interest, it amounted to credit not taken, citing various judicial pronouncements in support. The Tribunal noted that the issue was no longer res-integra and was covered by multiple decisions, which held that when CENVAT Credit is reversed along with interest, the appellant is eligible for abatement and the claim of exemption under Notification No. 01/2006-ST dated 01.03.2006 is not barred.The Tribunal referred to decisions such as Old World Hospitality Ltd. Vs. Commissioner of Service Tax, New Delhi and Travel Inn India Pvt. Ltd. Vs. Commissioner of Service Tax, which established that reversal of credit along with interest effectively nullifies the credit, thus allowing the benefit of abatement.Conclusion:The Tribunal concluded that the appellant was eligible for exemption under Notification No. 01/2006-ST dated 01.03.2006 as the reversal of CENVAT Credit along with interest amounted to non-taking of credit. The appeal was allowed with consequential relief as per law.(Order pronounced in open court on 16.02.2024)