Custom, Excise & Service Tax Tribunal
Hdfc Bank Ltd vs Commissioner Of Central Excise, ... on 9 August, 2016
IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL WEST ZONAL BENCH AT MUMBAI COURT No. I APPLICATION No. ST/MA(Ors)/93200/16-Mum APPEAL No. ST/488/12-Mum (Arising out of Order-in-Original No. V/ST(HQ)/ADJ/HDFC-1022/09 dated 9.4.2012 passed by Commissioner of Central Excise, Thane-II) For approval and signature: Honble Mr. M.V. Ravindran, Member (Judicial) and Honble Mr. C.J. Mathew, Member (Technical) ======================================================
1. Whether Press Reporters may be allowed to see : No the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982?
2. Whether it should be released under Rule 27 of the :
CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?
3. Whether Their Lordships wish to see the fair copy : Seen of the Order?
4. Whether Order is to be circulated to the Departmental : Yes authorities?
====================================================== HDFC Bank Ltd. Appellant Vs. Commissioner of Central Excise, Thane-II Respondent Appearance:
Ms. Prajakta Menezes, C.A., for appellant Shri M.P. Damle, Assistant Commissioner (AR), for respondent CORAM:
Honble Mr. M.V. Ravindran, Member (Judicial) Honble Mr. C.J. Mathew, Member (Technical) Date of Hearing: 9.8.2016 Date of Decision: 9.8.2016 ORDER NO Per: M.V. Ravindran This application is filed for raising additional grounds of revenue neutrality in appeal No. ST/488/12.
2. After considering the submissions made by both sides, we find that this point of revenue neutrality is a legal issue and hence we allow the application.
3. Since the appeal lies in a narrow compass, we take up the appeal for disposal.
4. Heard both sides and perused the records.
5. This appeal is filed against order-in-original No. V/ST(HQ)/ADJ/HDFC-1022/09 dated 9.4.2012, wherein the adjudicating authority has confirmed the demands raised against the appellant categorizing the services rendered under Merchant Banking Services of Banking and other Financial Services by way of reverse charge mechanism.
6. It is the case of the appellant before us that assuming, not accepting that the tax liability arises under reverse charge mechanism, they are eligible to avail the cenvat credit of such service tax paid by them as they are rendering taxable output services. This is the argument not canvassed before the adjudicating authority. In our considered view, this revenue neutrality point needs to be addressed to by the adjudicating authority.
7. Without expressing any opinion on the merits of the case, keeping all the issues open, we set aside the impugned order and remand the matter back to the adjudicating authority to reconsider the issue afresh after following the principles of natural justice.
8. The impugned order is set aside and the appeal is allowed by way of remand.
(Pronounced in Court) (C.J. Mathew) Member (Technical) (M.V. Ravindran) Member (Judicial) tvu 1 3 ST/488/12