2011 (5) TMI 524 - AT - Central Excise

Tribunal remands appeal for detailed reconsideration of CENVAT credit on GTA service.

The Tribunal set aside the impugned order and remanded the appeal to the Commissioner (Appeals) for a detailed reconsideration of the admissibility of ... CENVAT credit - GTA service used by the assessee for outward transportation - Board s circular dated 23.8.2007 - Held that:- It will be incumbent on the assessee to establish that they have satisfied the conditions laid down in the Board s circular, therefore, if necessary, the assessee can be given a reasonable opportunity of adducing evidence as well - Hence, appeal is allowed by way of remand with a request to the Commissioner (Appeals) to pass a speaking order on the aforesaid issue after giving the assessee a reasonable opportunity of being heard - Appeal is disposed accordingly. Issues:1. Admissibility of CENVAT credit on outward transportation of final products.2. Interpretation of relevant conditions stipulated by CBEC circular dated 23.8.2007.3. Applicability of High Court decisions in Ambuja Cements and ABB Ltd. cases.Analysis:Issue 1: Admissibility of CENVAT credit on outward transportation of final productsThe appeal by the Revenue challenged the order allowing CENVAT credit on outward transportation of final products. The Commissioner (Appeals) had excluded the admissibility of CENVAT credit on other services beyond the scope of the Tribunal's remand order. The Tribunal, in a subsequent remand order, directed the appellate authority to decide on all issues afresh. The Revenue contested the admissibility of CENVAT credit on GTA service used for outward transportation. The appellant argued citing the Punjab & Haryana High Court judgment, emphasizing that the freight charges were not integral to the price of excisable goods, thus not fulfilling the Board's Circular requirements.Issue 2: Interpretation of relevant conditions stipulated by CBEC circular dated 23.8.2007The Commissioner (Appeals) failed to consider whether the manufacturer satisfied the conditions stipulated in the CBEC circular for claiming CENVAT credit on GTA service. The order lacked a thorough analysis of whether the relevant conditions specified in the circular had been met by the assessee. The Commissioner's order was deemed insufficient and not a speaking order on the issue at hand, indicating a need for a reevaluation of the claim for CENVAT credit on GTA service.Issue 3: Applicability of High Court decisions in Ambuja Cements and ABB Ltd. casesThe Commissioner (Appeals) relied on the High Court's decision in Ambuja Cements and the Tribunal's Larger Bench decision in ABB Ltd. The department contested the applicability of the Ambuja Cements decision, despite having accepted the Tribunal's remand order to reconsider the case in light of that decision. The Karnataka High Court's decision in the ABB Ltd. case had been published, suggesting a need for the Commissioner (Appeals) to revisit the issue of CENVAT credit on GTA service based on the Board's circular and relevant case laws.In conclusion, the Tribunal set aside the impugned order and remanded the appeal to the Commissioner (Appeals) for a detailed reconsideration of the admissibility of CENVAT credit on GTA service. The Commissioner was instructed to provide a speaking order after affording the assessee a fair opportunity to present evidence and arguments. The decision emphasized the necessity for the assessee to establish compliance with the conditions outlined in the Board's circular, with the option to consider the case laws cited by both parties during the reevaluation process.