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2014 (7) TMI 709 - AT - Service TaxClassification of services - CENVAT credit - claim of depreciation on capital goods exempted services - Non maintenance of seperate accounts - Credit in respect of trading activity - Held that:- the exact nature of the work undertaken under each category and how it is covered by the definition and whether the amount quantified is correct are not at all forthcoming from the impugned order. Especially crane supply clearly does not appear to be covered under ‘Cargo Handling Service’. Similarly while classifying one of the categories under the heading transportation, the learned Commissioner has proceeded to classify it under ‘Cargo Handling’. We are very conscious of the fact that the Tribunal is the last fact finding body in the dispute resolution mechanism for indirect tax levy by Central Government and therefore we should be treading carefully when recording our findings of facts and this cannot be done in a hurry. - matter remanded back. Appellant had availed CENVAT credit on capital goods as well as claimed depreciation under Section 32 of the IT Act 1961. - Learned AR submits that the credit was taken in October 2007 and even at the time of adjudication, the appellants could not give the details and could not specifically confirm that they have filed a revised return. The learned counsel also could not clearly show whether the time limit for filing return was over and the return was filed or not. In the absence of any clarity in this regard, we consider that appellant should deposit this amount even if the matter is going to be remanded for de novo adjudication. Reversal of credit towards traded goods - Held that:- Prior to 2008, Information Technology Service was also considered as exempted service and it has been excluded from the definition of ‘Business Auxiliary Service’ and even then it was held that Information Technology Service is an exempted service and therefore if separate accounts are not maintained, the amount as specified in Rule 6 of CENVAT Credit Rules is required to be paid. The appellant is directed to deposit an amount of ₹ 10,00,000 - stay granted partly - matter remanded back.
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