2025 (3) TMI 259 - AT - Central Excise

Appellant entitled to CENVAT credit on GTA and clearing services for FOR basis goods sales

M/s. Ultra Tech Cement Limited Versus Commissioner of Central Excise, Customs and Service Tax Audit Commissionerate, Bhubaneswar And M/s. Ultra Tech Cement Limited Versus Principal Commissioner, G.S.T. and C.X., Rourkela

CESTAT Kolkata allowed the appeal, holding that the appellant was entitled to CENVAT credit on GTA services and clearing and forwarding agency services ... CENVAT credit - input services - GTA services used for transportation of goods on FOR basis - initiation of proceedings against the Input Service Distributor (ISD) instead of the appellant for the alleged incorrect availment of CENVAT Credit. Whether the appellant is entitled to CENVAT Credit in respect of GTA services and clearing and forwarding agency services in case of FOR destination contracts or not? - HELD THAT:- The said issue has been examined by this Tribunal in the case of M/s. The Ramco Cements Ltd. v. Commissioner of C.Ex., Puducherry [2023 (12) TMI 1332 - CESTAT CHENNAI-LB] wherein it has been observed that 'the eligibility of CENVAT credit on GTA services for outward transportation should be determined by ascertaining the place of removal based on the facts of each case, considering the Supreme Court's judgments and the Board's Circular.' - Thus, the appellant is entitled for availment of CENVAT Credit on GTA services and clearing and forwarding agency service in case the good are sold on FOR basis. Accordingly, the CENVAT Credit cannot be denied. Whether proceedings should have been initiated against the Input Service Distributor (ISD) instead of the appellant for the alleged incorrect availment of CENVAT Credit? - HELD THAT:- The appellant has availed CENVAT Credit on the basis of invoices issued by their ISD and admittedly, no proceedings had been initiated against the ISD. In these circumstances, the CENVAT Credit availed at the end of the appellant cannot be denied, as held by this Tribunal in the case of Indsil Energy Electrochemicals Ltd. v. Commissioner of C.Ex. and S.Tax, Raipur [2016 (9) TMI 944 - CESTAT NEW DELHI] - the CENVAT Credit in respect of the said input services cannot be denied to the appellant. Conclusion - The appellant had correctly taken CENVAT Credit and the denial of CENVAT Credit is therefore not sustainable. Accordingly, no penalty is imposable on the appellant. The impugned order is set aside - appeal allowed. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered in this judgment pertain to the eligibility of CENVAT Credit claimed by the appellant, particularly concerning:Whether the GTA services used for transportation of goods on FOR basis qualify as 'input services' eligible for CENVAT Credit.Whether clearing and forwarding agency services utilized in FOR destination contracts are eligible for CENVAT Credit.Whether the denial of CENVAT Credit based on the location of receipt of services, as opposed to the manufacturing premises, is justified.Whether proceedings should have been initiated against the Input Service Distributor (ISD) instead of the appellant for the alleged incorrect availment of CENVAT Credit.ISSUE-WISE DETAILED ANALYSIS1. Eligibility of GTA Services for CENVAT CreditRelevant legal framework and precedents: The eligibility of GTA services as input services is governed by the CENVAT Credit Rules, 2004. The Tribunal referred to the decision in M/s. The Ramco Cements Ltd. v. Commissioner of C.Ex., Puducherry, which established that for FOR destination contracts, the place of removal extends to the customer's premises, allowing for CENVAT Credit on GTA services.Court's interpretation and reasoning: The Tribunal emphasized that the issue is no longer res integra due to established precedents, affirming that GTA services qualify as input services when goods are sold on an FOR basis.Conclusions: The appellant is entitled to CENVAT Credit on GTA services for goods sold on an FOR basis, and the denial of such credit is unjustified.2. Eligibility of Clearing and Forwarding Agency ServicesRelevant legal framework and precedents: The Tribunal considered decisions such as CCE v. Cadila Healthcare Ltd. and Nitco Ltd. v. C.C.E. & S.T. Daman, which support the eligibility of clearing and forwarding services for CENVAT Credit.Court's interpretation and reasoning: The Tribunal reiterated that clearing and forwarding services are integral to the distribution of goods in FOR contracts and therefore qualify as input services.Conclusions: The appellant is entitled to CENVAT Credit for clearing and forwarding services in FOR destination contracts.3. Location-Based Denial of CENVAT CreditRelevant legal framework and precedents: Rule 2(l) of the CENVAT Credit Rules, 2004, defines input services broadly, allowing for credit irrespective of the location of service receipt. Decisions such as Deepak Fertilizers & Petrochemicals Corpn. Ltd. v. CCE, Belapur were considered.Court's interpretation and reasoning: The Tribunal found that the services received at locations other than the manufacturing premises still qualify as input services, as they are essential to the appellant's business operations.Conclusions: The denial of CENVAT Credit based on the location of service receipt is not sustainable.4. Proceedings Against ISDRelevant legal framework and precedents: The Tribunal referred to cases like Castrol India Ltd. v. CCE, Kolkata-VI and Indsil Energy Electrochemicals Ltd. v. CCE & ST, Raipur, which establish that any challenge to credit should be directed at the ISD.Court's interpretation and reasoning: The Tribunal noted that no proceedings were initiated against the ISD, and thus, the denial of credit at the appellant's end is improper.Conclusions: The proceedings should have targeted the ISD, and the appellant's credit claim cannot be denied on this basis.SIGNIFICANT HOLDINGSCore principles established: The Tribunal established that for FOR destination contracts, the place of removal includes the customer's premises, and services integral to this process qualify for CENVAT Credit. The Tribunal also reinforced that proceedings should be initiated against ISDs when challenging credit distributions.Final determinations on each issue: The Tribunal concluded that the appellant is entitled to CENVAT Credit for GTA and clearing and forwarding services, and the denial of credit based on service location is unsustainable. Additionally, the Tribunal held that proceedings should have been initiated against the ISD, not the appellant.Verbatim quotes of crucial legal reasoning: The Tribunal quoted from M/s. The Ramco Cements Ltd. case, emphasizing the need to ascertain the place of removal for FOR contracts to determine credit eligibility.The Tribunal set aside the impugned orders, allowing the appeals with consequential relief as per law, thereby affirming the appellant's entitlement to CENVAT Credit and negating the penalties imposed.