2009 (10) TMI 668 - AT - Central Excise

Summary

Issues: Denial of Cenvat credit for Service tax paid on GTA against excise duty liability.

Analysis:
1. The appeal was filed against the denial of Cenvat credit for Service tax paid on Goods Transport Agency (GTA) services in relation to excise duty liability. The Appellant argued that as the delivery obligation was at the buyer's address (FOR destination), the Service tax paid on transportation should entitle them to Cenvat credit against the excise duty liability. The Appellant's counsel presented evidence from the purchase order indicating the delivery was to be made at the buyer's destination, supporting their claim for Cenvat credit on GTA services.

2. The Respondent, represented by the Joint Commissioner of Central Excise, supported the lower authority's decision and emphasized the need to scrutinize the documents to determine if the contractual obligation specified the delivery point as FOR destination. It was highlighted that if the contractual terms mandated delivery at the buyer's address, then the Service tax paid on transport charges could qualify the Appellant for Cenvat credit, subject to legal provisions.

3. After hearing both parties and examining the records, the Tribunal noted that there was a prima facie contractual obligation for the Appellant to deliver goods at the buyer's address. This finding alone was deemed sufficient to consider the Appellant's case for waiver of pre-deposit during the appeal process. Consequently, the Tribunal granted a waiver of pre-deposit while the appeal was pending, based on the prima facie evidence of the contractual delivery obligation.

4. The judgment, delivered by Shri D.N. Panda, J., concluded with the decision to waive the pre-deposit during the appeal proceedings, acknowledging the contractual obligation of the Appellant to deliver goods at the buyer's address as a key factor in considering their entitlement to Cenvat credit for the Service tax paid on GTA services against the excise duty liability.