2018 (7) TMI 14 - AT - Central Excise

Tribunal denies Cenvat Credit on outward transportation costs under amended rule, emphasizes updated definition.

The Commissioner of Central Excise, Rohtak Versus M/s. Laxmi Precision Screws Ltd.

The Tribunal allowed the Revenue's appeal, setting aside the Commissioner (Appeals) order. It held that Cenvat Credit on outward transportation of goods ... CENVAT credit - input services - outward freight charges for transportation of the goods from the factory/depot of the appellant to the customer’s premises - place of removal - Held that:- The issue of admissibility of Cenvat credit on outward transportation for the period after 1.4.2008 is no longer res integra and has been settled in favor of the Revenue by Hon’ble Supreme Court in the case of CCE & ST vs. Ultratech Cement Pvt.Ltd. [2018 (2) TMI 117 - SUPREME COURT OF INDIA], where it was held that the important aspect of the matter is that Cenvat Credit is permissible in respect of ‘input service’ and the Circular relates to the unamended regime. Therefore, it cannot be applied after amendment in the definition of ‘input service’ which brought about a total change - appeal allowed - decided in favor of Revenue. Issues:Admissibility of Cenvat credit on outward transportation after 1.4.2008.Analysis:The appeal concerned the admissibility of Cenvat credit on outward transportation after 1.4.2008. The issue revolved around the demand for Cenvat Credit of service tax paid on outward freight charges for transporting goods from the factory/depot to the customer's premises between 1.3.2012 to 31.13.2016. The judgment of the Hon'ble Supreme Court in the case of CCE & ST vs. Ultratech Cement Pvt.Ltd. was cited, which clarified the definition of 'input service' under Rule 2(l) of the Rules, 2004. The amendment in 2008 replaced 'from' with 'upto,' limiting the credit only 'upto the place of removal.' This change closed the doors to Cenvat credit for outward transportation beyond the place of removal, as per the amended rule. The judgment emphasized that once goods are cleared from the factory premises, the question of utilizing services does not arise, as they are not used in relation to manufacturing the final product. The judgment also highlighted the importance of interpreting the definition of input services as a whole to avoid availing ineligible credit.The Commissioner (Appeals) had overturned the Adjudicating Authority's order based on the Board's Circular dated August 23, 2007, which clarified the definition of 'place of removal.' However, the Tribunal found this approach untenable due to the circular's reference to the unamended regime, whereas the issue at hand pertained to the amended definition post-2008. Applying the amended rule and the Supreme Court's judgment, the Tribunal concluded that Cenvat Credit on goods transport agency service for transporting goods from the place of removal to the buyer's premises was not admissible. Consequently, the appeal of the Revenue was allowed, setting aside the Commissioner (Appeals) order.In conclusion, the judgment reaffirmed the limitation of Cenvat credit on outward transportation to 'upto the place of removal' post the 2008 amendment, as clarified by the Supreme Court. The Tribunal rejected the reliance on the pre-amendment circular and reinstated the Assessing Officer's Order-in-Original, emphasizing the importance of interpreting the amended rule in line with the changed definition of 'input service.'