2008 (3) TMI 144 - AT - Service Tax

Tribunal Allows Cenvat Credit for Manufacturing Activity Service Tax on Goods Transport Agency

The Tribunal upheld the availability of Cenvat credit for manufacturing activity to pay Service Tax on Goods Transport Agency services. Relying on ... Cenvat credit - input service - output service - Goods Transport Agency service - utilisation of credit for payment of service tax - Explanation to the definition of 'output service' under Rule 2(p)Cenvat credit - output service - Goods Transport Agency service - utilisation of credit for payment of service tax - Explanation to the definition of 'output service' under Rule 2(p) - Availability of Cenvat credit from manufacturing activity for utilisation towards payment of service tax on Goods Transport Agency (GTA) service - HELD THAT: - The Tribunal examined the Explanation to the definition of output service in Rule 2(p) of the Cenvat Credit Rules, 2004, which clarifies that where a person liable to pay service tax does not provide any taxable service or does not manufacture final products, the service for which he is liable shall be deemed to be an output service. The recorded reasoning, adopting earlier Tribunal decisions, applied that Explanation to the facts concerning payment of service tax on GTA services used for clearance of final product. The Tribunal concluded that the GTA service for which service tax was paid is to be regarded as an output service, and therefore credit of tax paid on input GTA services availed in connection with receipt of inputs into the factory could be utilized for payment of service tax on the GTA service related to removal of the final product. On that basis the demand of service tax and penalty were held to be not sustainable. [Paras 3, 4, 5]Credit of tax paid on input GTA services may be utilised for payment of service tax on GTA service treated as output service; demand and penalty set aside and the Revenue appeal rejected.Final Conclusion: The order of the Commissioner (Appeals) is affirmed; the demand of service tax and penalty in respect of GTA service were set aside and the Revenue's appeal is dismissed. Issues involved: Availability of Cenvat credit of manufacturing activity for utilization towards payment of Service Tax on Goods Transport Agency service.Analysis:The issue in this appeal pertains to the availability of Cenvat credit of manufacturing activity for the payment of Service Tax on Goods Transport Agency (GTA) service. The Tribunal referred to several previous decisions where it was held in favor of the respondents, citing cases such as Commissioner of Central Excise, Chandigarh vs. Nahar Industrial Enterprises Ltd., India Cements Ltd. vs. CCE, Salem, R.R.D. Tex Pvt. Ltd. vs. CCE, Salem, and Commissioner of Central Excise, Nagpur vs. Visaka Industries Ltd. The Tribunal specifically highlighted the case of India Cement Ltd., where it was noted that the appellants did not provide any taxable service but were liable to pay service tax on GTA Service received by them. The Explanation to the definition of 'output service' under Rule 2(p) was crucial in this context. It clarified that even if a person liable for paying service tax does not provide any taxable service but manufactures final products, the service for which service tax is due shall be deemed to be the output service. This meant that the appellants, by paying service tax on GTA Service for the removal of their final product from the factory, were essentially paying for an 'output service' and were entitled to utilize the credit of tax paid on the input GTA service for payment. The Tribunal set aside the demand of service tax and the penalty imposed, ultimately allowing the appeal.In light of the aforementioned decisions and the interpretation of the relevant rules and explanations, the Tribunal found no reason to interfere with the order of the Commissioner (Appeals). Consequently, the appeal filed by the Revenue was rejected. The judgment was dictated and pronounced in open court, bringing the matter to a close.