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CESTAT : Abatement available upon suo motu reversal of ineligible Credit; Exempts captive 'jetty' construction

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CESTAT allows abatement under Notification No. 1/2006-ST where CENVAT credit on input services reversed along with interest, relies on Allahabad HC judgment in Hello Minerals Water (P) Ltd.; Distinguishes Bombay HC ruling in Nicholas Piramal and co-ordinate bench decision in Hind Lamps as relied by Revenue; Additional condition of non-availment of CENVAT credit on input services introduced in Notification No. 1/2006-ST, which superseded Notification No. 15/2004-ST, escaped assessee’s attention due to oversight; However, rejects assessee’s contention that joint venture with Whessoe Oil & Gas Ltd. does not constitute a separate legal entity and hence, services w.r.t. ‘port or other port’ construction, in effect, rendered to self; Nevertheless, grants exemption under Notification No. 25/2007-ST on ‘jetty’ completion services for captive / private use by Power Co., holds denial of benefit by Adjudicating Authority unjustified since Notification nowhere implies that construction service only for ‘public ports’ eligible for exemption : Delhi CESTAT

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