2013 (10) TMI 1094 - AT - Central Excise

Tribunal grants interim relief to manufacturer in Cenvat Credit appeal

M/s TATA MOTORS LTD Versus COMMISSIONER OF CENTRAL EXCISE

The Tribunal granted interim relief to the Appellant, a manufacturer of motor vehicle parts, in appeals against denial of Cenvat Credit on service tax ... Denial of Cenvat credit – Input service - Interest under Rule 14 of CE Rules r.w. Section 11A – Waiver of Pre-deposit - Revenue was of the view that the appellant is not eligible for the credit of service tax paid on outward freight incurred beyond the place of removal – Held that:- The amendment made in the definition of input service relating to outward freight, cenvat credit would not be available in respect of outward freight services, in appellant's own case in respect of their Hinjewadi Unit, the benefit of credit on outward freight services has been extended for the period after 1-4-2008 - the order has been accepted by the Revenue and no appeal appears to have been filed, the same benefit cannot be denied to the Chakan unit of the appellant - the appellant has made out a prima facie case in their favour for interim relief - unconditional waiver from pre-deposit granted against the appellant till the disposal – Stay granted. Issues:Appeals against denial of Cenvat Credit on service tax paid on outward freight services.Analysis:1. Background: The case involves two appeals and stay petitions against Orders-in-Original denying Cenvat Credit on service tax paid on outward freight services by the Commissioner of Central Excise, Pune-I.2. Appellant's Contentions:- The Appellant, a manufacturer of motor vehicle parts, argues that outward freight is an integral part of the price charged to the consumer, making them eligible for the credit.- Refers to CBEC circular allowing credit if freight is part of the price and fulfills conditions specified.- Asserts the demand is time-barred and cites a previous decision in their favor for a similar demand on identical grounds.3. Revenue's Argument:- Post an amendment in 2008, credit for outward freight is restricted up to the place of removal, which is the factory for retail sale price-based goods.- Cites a High Court decision limiting credit for outward freight services beyond the place of removal only for the period before 1-4-2008.4. Tribunal's Decision:- Acknowledges the Revenue's argument post the 2008 amendment and the High Court decision limiting credit.- Notes that the benefit of credit on outward freight services was extended to the Appellant's Hinjewadi unit post the amendment.- Grants interim relief to the Appellant, citing the benefit extended to their Hinjewadi unit and the lack of appeal against it, allowing a waiver from pre-deposit and stay on recovery during the appeal's pendency.- Allows both parties to request an early hearing due to significant revenue implications.This judgment primarily revolves around the eligibility of Cenvat Credit on service tax paid on outward freight services, considering the definition of input service, the place of removal, relevant amendments, past decisions, and the specific circumstances of the Appellant's case.