Service tax on customs house agent and surveyor services up to port allowed as input credit since seller retains ownership

CESTAT, Ahmedabad (AT) dismissed the revenue's appeals and held that service tax paid on Customs House Agent and surveyor services used up to the port are admissible as input service for the exporter. The tribunal reasoned ownership of goods remains with the seller until the port, so services availed until that point relate to the business and qualify as input services. Prior authority relied on by revenue was distinguished and not followed.

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Issues:
Whether the respondents are entitled to avail credit of service tax paid on the services of Customs House Agent (CHA) and Surveyors as input services.

Analysis:

1. The issue involved in the present appeals is whether the respondents can claim credit of service tax paid on CHA and Surveyors' services as input services under the Cenvat Credit Rules, 2004. The definition of input services under rule 2(1) includes services used in or in relation to the manufacture of final products and clearance of final products. The appellate authority noted that activities relating to business, such as services of CHA and Surveyors utilized by the appellant at the time of export, are covered under the definition of input services.

2. The revenue contended that CHA and Surveyors' services are not utilized in relation to the manufacture and clearance of the final product. They argued that since the factory premises are the place of removal, these services should be considered post-clearance services. However, the appellate authority disagreed, stating that the services are utilized at the time of export when the respondents still own the goods until they reach the port area, which is considered the place of removal for exported goods.

3. The appellate authority found support for their interpretation in a Board's Circular, which clarified that when the ownership of goods remains with the seller until the delivery at the destination point, the place of removal extends to that point. Since the ownership of the goods in this case remains with the seller until the port area, all services availed by the exporter till that point are considered input services related to business activities. Therefore, the credit of duty paid on CHA and Surveyors' services is deemed admissible to the respondents.

4. The revenue relied on a previous Tribunal's judgment, which held that CHA services for exports do not have a nexus with manufacturing and clearance of products and thus are not eligible as input services for credit. However, the appellate authority rejected this reliance, as the judgment did not consider the definition of input services or the relevant Board's circular that supported the interpretation in the present case.

5. Ultimately, the appeals filed by the revenue were rejected, affirming the entitlement of the respondents to claim credit for the service tax paid on CHA and Surveyors' services as input services under the Cenvat Credit Rules, 2004.

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