Cenvat credit on GTA services

[Guest]

Can cenvat credit of manufacturing activity be utilised by the manufacturer for payment of service tax on GTA services as per the decision held in the case of CCE v.Nahar Industrial Enterprises Ltd (2007 (3) TMI 201 - CESTAT NEW DELHI)= (2007). Please guide.

[Madhukar N Hiregange]

The decision was for the time when the GTA service payments were equated to the output services. At that point of time it was valid. However now GTA services paid by the reciver are not considered as output services, they reamin input services and therefore no set off wouldbe available.

[Brijesh Verma]

Apparently, the view adopted by you on the basis of the judgment of NIEL reported at 7 STR 26 seems to be wrong as the facts of that case are different. In that case the appellant was himself a manufacturer as well as service provider. Whereas in the case narrated by you the assessee is a Deemed Service Provider. So far as payment of GTA tax through Cenvat is concerned the same is not possible as the tax is being paid under reverse charge mechanism. The challan paid by the assessee in respect of tax on GTA service becomes the eligible document for availing Cenvat Credit of such tax paid under Rule 9(1). In absense of such payment i.e. if this tax is paid through credit, your assessee would end up loosing credit of GTA tax.

[Surender Gupta]

I wish the endorse the views of Mr. Brijesh Verma and Mr. Madhukar N Hiregange

AI Summary

Dispute Over Using Cenvat Credit for Service Tax on Goods Transport Agency Services Under Reverse Charge Mechanism A query was raised regarding the utilization of Cenvat credit from manufacturing activities for the payment of service tax on Goods Transport Agency (GTA) services. The initial reference was to a past decision in the case of CCE v. Nahar Industrial Enterprises Ltd. Respondents clarified that the decision applied when GTA service payments were considered output services; however, currently, they are deemed input services, disallowing such set-off. It was noted that GTA tax is paid under the reverse charge mechanism, and using Cenvat credit for this purpose would result in losing the credit for the GTA tax.