2009 (6) TMI 882 - AT - Central Excise

Summary

Issues: Alleged improper availing of service tax credit under GTA service without proper documents; demand for payment, interest, and penalty under Cenvat Credit Rules.

The judgment pertains to a case where the appellants incurred freight on transportation of inputs to their factory and finished goods from the place of removal, paying service tax as recipients of the Goods Transport Agency (GTA) service. The original authority alleged that the appellants had availed service tax credit on input service under GTA service without proper documents, demanding Rs. 4,71,487/- along with interest and imposing a penalty under Rule 15 of the Cenvat Credit Rules (CCR) for the period from 1-1-2005 to 31-12-2006.

Upon review and hearing both parties, the tribunal found that the impugned demand was related to the credit admissible to the appellants and rightfully availed by them. The denial of credit, interest, and penalty stemmed from the lack of prescribed documents. However, as the appellants had paid service tax as recipients with no dispute on the details of tax paid, and with other necessary particulars available in the transport documents, the tribunal allowed the waiver of the adjudged dues and stayed the recovery pending the appeal decision.

The tribunal's decision was based on the availability of essential particulars in the transport documents, affirming the appellants' right to the credit claimed, despite the initial allegation of improper documentation. The tribunal's ruling highlights the importance of maintaining proper documentation to support credit claims under the Cenvat Credit Rules, ensuring compliance with the prescribed procedures to avoid disputes and penalties related to service tax credits.