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of <h1>Tribunal waives pre-deposit, stays interest recovery in Cenvat credit case.</h1> <h3>RAIN CII CARBON (INDIA) LTD. Versus COMMR. OF C. EX., VISAKHAPATNAM</h3> RAIN CII CARBON (INDIA) LTD. Versus COMMR. OF C. EX., VISAKHAPATNAM - 2010 (18) S.T.R. 724 (Tri. - Bang.) , [2011] 31 STT 181 (Bang. - CESTAT) Issues: Waiver of pre-deposit and stay recovery of interest in a service tax case involving the utilization of Cenvat credit for GTA service.Waiver of Pre-Deposit:The case involved an application by M/s Rain CII Carbon (India) Ltd. seeking waiver of pre-deposit and stay recovery of interest amounting to Rs. 1,73,327/- required for hearing their appeal. The appellants, engaged in the manufacture of Calcined Petroleum Coke, utilized Cenvat credit to discharge service tax liability for GTA service availed during January 2005 to December 2006. The departmental officers contended that the Cenvat credit could not be used for this purpose. The Commissioner (Appeals) affirmed the demand for interest, leading to the appeal for waiver. The appellants argued that as a manufacturer of final products, they were entitled to use the Cenvat credit to pay the service tax liability under the GTA service category, citing the explanation to Rule 2(p) of the Cenvat Credit Rules, 2004. They relied on a Tribunal decision in India Cements Ltd. case supporting their position.Interpretation of Cenvat Credit Rules:The learned SDR, however, referred to a different Tribunal decision in Alstom Projects India Ltd. case, where it was held that a manufacturer of final products, even if not providing any taxable service, could not utilize Cenvat credit to pay tax on GTA service as an output service. The Tribunal observed that the interpretations of the explanation under Rule 2(p) of the Cenvat Credit Rules in the two cases were conflicting. While the India Cements Ltd. case allowed the use of Cenvat credit for GTA service tax liability by a manufacturer not providing taxable service, the Alstom Projects India Ltd. case restricted such usage for manufacturers of goods, barring them from treating GTA service as an output service for Cenvat credit utilization.Judgment and Decision:After considering the arguments and conflicting interpretations, the Tribunal ordered the waiver of pre-deposit of the interest amount confirmed against the appellant and stayed the recovery until the appeal's disposal. The Tribunal noted the divergent views held by different Tribunal decisions on the matter, ultimately granting the waiver and stay of recovery in favor of the appellant until the appeal's resolution.
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