2012 (12) TMI 612 - AT - Service Tax

CESTAT rules in favor of appellant on Cenvat credit for GTA service receipt

M/s. Rohit Surfactants Pvt Ltd. Versus Commissioner of Central Excise, Jaipur

M/s. Rohit Surfactants Pvt Ltd. Versus Commissioner of Central Excise, Jaipur - 2013 (29) S.T.R. 175 (Tri. - Del.) Issues:1. Availment of Cenvat credit on GTA service receipt2. Entitlement to Cenvat credit on freight from depots to buyers' premisesAnalysis:Issue 1: Availment of Cenvat credit on GTA service receiptThe dispute in this case revolves around the appellant's claim for Cenvat credit on Service Tax paid for GTA services during specific periods. The appellant availed the credit based on invoices issued by their Head Office as an input service distributor. The jurisdictional Central Excise authorities contended that the invoices were not proper for availing the credit due to pending and rejected applications for inclusion of GTA services in the centralized registration. The period in question was from 19.7.05 to 25.5.06. The Tribunal found that the rejection of the centralized registration could not justify denial of the credit, especially when the application was pending without a decision. The Tribunal emphasized that if the appellant was entitled to the Cenvat credit, it should not be denied on technical or procedural grounds. Therefore, the denial of credit based on the source of invoices was deemed unjustifiable and unwarranted.Issue 2: Entitlement to Cenvat credit on freight from depots to buyers' premisesAnother aspect of the case involved a Cenvat credit amounting to Rs.35,722 related to the question of whether the appellant could claim credit for Service Tax paid on freight from their depots to buyers' premises. After considering arguments from both sides, the Tribunal referred to a previous decision in the appellant's own case where it was established that tax paid on freight for dutiable transportation of goods from depots is admissible as credit. Consequently, the Tribunal set aside the impugned order and allowed the appeals, providing consequential relief to the appellant.In conclusion, the judgment by Ms. Archana Wadhwa of the Appellate Tribunal CESTAT New Delhi addressed the issues of Cenvat credit on GTA service receipt and entitlement to credit on freight from depots to buyers' premises. The ruling emphasized the importance of ensuring that entitled benefits are not denied on technical or procedural grounds and upheld the appellant's right to claim the Cenvat credit in question.