TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal rules in favor of appellant, finding service tax demand unjustified for GTA service Cenvat credit</h1> <h3>NAV DURGA FUELS PVT. Versus COMMISSIONER OF CENTRAL EXCISE, RAIPUR</h3> NAV DURGA FUELS PVT. Versus COMMISSIONER OF CENTRAL EXCISE, RAIPUR - 2016 (340) E.L.T. 526 (Tri. - Del.) Issues:1. Availment of Cenvat credit on service tax paid for GTA service.2. Interpretation of Rule 6(3)(b) of the Cenvat Credit Rules, 2004.3. Classification of iron ore fines as exempted goods.Availment of Cenvat credit on service tax paid for GTA service:The appellant, engaged in sponge iron manufacturing, availed Cenvat credit of service tax paid on GTA service for bringing iron ore to the factory. The Department demanded service tax under Rule 6(3)(b) of the Cenvat Credit Rules, 2004, citing iron ore's use in manufacturing both dutiable products like sponge iron and exempted goods like iron ore fines. The impugned order upheld the demand, leading to the appeal.Interpretation of Rule 6(3)(b) of the Cenvat Credit Rules, 2004:The central issue revolved around whether iron ore fines qualify as exempted goods under Rule 6(3)(b). The Tribunal analyzed the manufacturing process, highlighting that iron ore fines are not a separate excisable commodity as no distinct manufacturing activity occurs for their emergence from iron ore. Moreover, iron ore fines are not duty-exempt per Central Government notifications. Consequently, the Tribunal concluded that iron ore fines do not fall under the category of 'exempted goods,' rendering the demand on the appellant unjustified.Classification of iron ore fines as exempted goods:The Tribunal's decision emphasized that the creation of iron ore fines does not involve a separate manufacturing process, precluding them from being considered exempted goods. Since iron ore fines do not enjoy duty exemption as per government notifications, they do not meet the criteria for exemption under Rule 6(3)(b) of the Cenvat Credit Rules, 2004. Consequently, the confirmation of the demand on the appellant was deemed improper and unjustified, leading to the appeal's allowance in favor of the appellant by setting aside the impugned order.This detailed analysis of the judgment showcases the Tribunal's thorough examination of the issues surrounding Cenvat credit availed on service tax, the interpretation of relevant rules, and the classification of iron ore fines as exempted goods, resulting in a favorable outcome for the appellant.
TaxTMI 