2007 (3) TMI 1 - AT - Central Excise

Cenvat/Modvat - Cenvat credit of service tax allowed on input services - Main clause in input service define requiring use in or in relation to clearance of final product from place of removal for credit - Transport service credit not admissible beyond the place of removal

Summary

Issues:
Dispute over Cenvat credit for service tax paid on freight for transportation of cement sold by the appellant.

Analysis:
The appellant, a cement manufacturer, claimed Cenvat credit for service tax paid on freight for transporting cement sold on FOR destination basis. The dispute arose when the Central Excise rejected this claim, arguing that service tax credit is only available for inward or outward transportation up to the place of removal. The appellant contended that the transportation of goods to the buyers' premises falls under the definition of "clearance from the place of removal," making it eligible for credit. They also argued that the inclusion clause broadens the scope of input service credit to include various services indirectly related to manufacturing.

The Tribunal examined the definition of input service under Cenvat Rules, emphasizing that credit is available for services used in or in relation to the manufacture of final products and clearance from the place of removal. The appellant's interpretation, extending credit beyond the point of removal, was deemed contrary to the Cenvat Credit Rules' scheme. Previous Tribunal decisions and Supreme Court judgments established that transportation is distinct from manufacturing activities and does not qualify for credit post-clearance.

The Tribunal rejected the appellant's interpretation, citing the need to read statutes as a whole and interpret definitions in context. It emphasized that the purpose of interpretation is to harmonize provisions and avoid conflicts. The appellant's argument that transport service credit should extend beyond the place of removal was deemed inconsistent with the statutory framework governing relief for duty/tax paid on input services related to manufacturing. Ultimately, the appeal was dismissed, upholding the revenue authorities' decision to reject the Cenvat credit claim for service tax on freight.