2014 (2) TMI 711 - AT - Service Tax

Tribunal clarifies GTA service tax abatement rules, emphasizes provider's declaration

CST, Kanpur Versus M/s. Nannumal Glass Works

The Tribunal dismissed the Revenue's appeal in a case involving a dispute over availing Goods Transport Agency (GTA) Service for transporting inputs, ... Service Tax on GTA - 75% abatement in terms of exemption notification no.32/2004-ST and its successor notification no.1/2006-ST, GTA service provider is required to declare that no Cenvat credit in respect of any inputs or capital goods has been availed by him. The respondents contention is that this requirement stands fulfilled as the challans issued by the transporter do carry such a declaration. - Held that:- There is no allegation in the show cause notice that the GTA service provider has not given the required declaration regarding non-availment of Cenvat credit by them. - there is no condition that where the recipient of GTA Service is required to pay service tax on the GTA Service received by him, for 75% abatement he cannot take any Cenvat Credit in respect of inputs, capital goods or input services used by him for his final product or output service. - 75% exemption as well as cenvat credit of service tax so paid allowed. Issues:Dispute regarding availing Goods Transport Agency Service for transportation of inputs, payment of service tax, abatement of freight charges, Cenvat credit, show cause notice for denial of exemption notification, imposition of penalty, order-in-original by Asstt. Commissioner, order-in-appeal by Commissioner (Appeals), requirement of declaration by GTA service provider, fulfillment of conditions for abatement under notifications, allegations in show cause notice, contentions of both sides.Analysis:The judgment revolves around a dispute involving the respondent, manufacturers of glass and glassware, regarding the availing of Goods Transport Agency (GTA) Service for transporting inputs to their factory and the subsequent payment of service tax. The period in question is from March 2006 to June 2006. The respondent paid service tax as a service recipient by availing 75% abatement of freight charges under an exemption notification. They also claimed Cenvat credit for the GTA service used in transporting inputs. A show cause notice was issued, alleging wrongful availing of abatement due to the Cenvat credit availed on input services. The Asstt. Commissioner confirmed the service tax demand against the respondent, along with penalties. However, the Commissioner (Appeals) set aside this order, stating that the abatement condition requires a declaration from the GTA service provider, not the recipient. The respondent argued that the transporter's challans contained the necessary declaration of non-availment of Cenvat credit.The main contention in the appeal was whether the respondent fulfilled the conditions for abatement under the notifications. The Revenue argued that a declaration by the GTA service provider regarding non-availment of Cenvat credit is mandatory for availing the abatement. They claimed that such declarations were not produced, rendering the benefit extended to the respondent incorrect. On the other hand, the respondent's counsel emphasized that the transporter's declarations were on record and no such allegation was made in the show cause notice. The Tribunal analyzed the submissions and records, noting that the show cause notice did not specifically allege non-declaration by the GTA service provider. The Tribunal highlighted that the abatement conditions do not restrict the recipient from availing Cenvat credit on inputs or services used for their final product. The plea that the transporter's challans fulfilled the declaration requirement was not considered by the original adjudicating authority, leading the Tribunal to dismiss the Revenue's appeal.In conclusion, the judgment clarifies the requirements for availing abatement under the relevant notifications and emphasizes the importance of declarations by the GTA service provider. It underscores the need for specific allegations in show cause notices and the correct interpretation of abatement conditions. The Tribunal's decision to dismiss the Revenue's appeal signifies a thorough analysis of the facts and legal provisions involved in the case.