2016 (9) TMI 1349 - AT - Central Excise

Denial of Cenvat credit for 'outward transportation' overturned by Tribunal, qualifies as input service

The Tribunal held that denial of Cenvat credit on 'outward transportation' of goods is not sustainable in law. The appellant met the conditions outlined ... CENVAT credit - input service - outward transportation service - sale of goods on door delivery basis - Board’s Circular No. 97/8/2007-S.T. dated 23.8.2007 - Held that: - this issue is no longer res-integra and is squarely covered in favor of the appellants in the case of Menon Piston Ltd. Versus CCE [2012 (6) TMI 771 - CESTAT MUMBAI], where it was held that appellant is entitled for input service credit on GTA service upto the place of removal i.e. place of buyer's door - credit allowed - appeal allowed - decided in favor of appellant. Issues:Denial of Cenvat credit on 'outward transportation' of goods to customers' premises.Analysis:Issue 1: Denial of Cenvat credit on 'outward transportation'The appeal challenged the Order-in-Appeal rejecting the appellant's appeal and upholding the Order-in-Original confirming the demand for Cenvat credit of service tax on 'outward transportation' of spare parts. The Department contended that 'outward transportation' does not qualify as an input service under Rule 2(l) (ii) of Cenvat Credit Rules, 2004. The appellant argued that they fulfill the conditions set out in Board's Circular No. 97/8/2007-S.T. to avail the credit, including ownership of goods till delivery, insurance coverage, and pricing compliance. The appellant cited various cases supporting their claim, emphasizing that once the Circular conditions are met, credit on 'outward transportation' should be allowed. The appellant also highlighted that credit was allowed for similar transactions by other units of the appellant. The Revenue argued that 'outward transportation' does not qualify as an input service as it is used in sales activities, not in or in relation to manufacturing. The Tribunal considered the arguments and cited multiple judgments supporting the appellant's position. The Tribunal concluded that the denial of Cenvat credit on 'outward transportation' is not sustainable in law, setting aside the impugned order and allowing the appeal with any consequential relief.This detailed analysis covers the issues involved in the legal judgment, providing a comprehensive overview of the arguments presented by both parties and the Tribunal's decision based on legal precedents and interpretations of relevant rules and circulars.