2017 (5) TMI 1535 - AT - Central Excise

CENVAT credit - input services - outward freight (GTA service) - period April 2005 to March 2008 - Held that - on interpreting the definition and scope of input services , the Hon ble Gujarat High Court in Parth Poly Wooven Pvt. Ltd s case 2011 (4) TMI 975 - GUJARAT HIGH COURT observed that the Service Tax paid on outward freight services tax upto 01.04.2008 would fall within the scope of input services as defined under Rule 2(l) of CCR 2004 - credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
Interpretation of the definition of "input services" in the context of outward freight (GTA services) for availing CENVAT Credit.

Analysis:
The appeal was filed against OIO No.47/Commr/Surat-II/2012, which confirmed a demand to recover CENVAT Credit of a specific amount with interest and penalty imposed under Rule 15(1) of CENVAT Credit Rules 2004. The appellants, engaged in manufacturing excisable goods, availed CENVAT Credit on Service Tax paid on outward freight (GTA service) from April 2005 to March 2008. The issue revolved around whether the outward freight service satisfied the definition of "input services" as per Rule 2(l) of CENVAT Credit Rules 2004. The appellant cited a judgment by the Hon'ble Gujarat High Court in a similar case to support the admissibility of CENVAT Credit on outward freight services prior to 01.04.2008.

The Revenue's Authorized Representative, however, referenced a judgment by the Hon'ble Calcutta High Court to argue against the admissibility of the credit on outward freight services even for the period before 01.04.2008. After hearing both sides and examining the records, the Tribunal referred to the judgment of the Hon'ble Gujarat High Court in Parth Poly Wooven Pvt. Ltd's case. The Tribunal noted that the Service Tax paid on outward freight services until 01.04.2008 fell within the scope of input services as defined under Rule 2(l) of CENVAT Credit Rules 2004. The Tribunal highlighted the interpretation of the definition and scope of "input services" by the Hon'ble Gujarat High Court, which emphasized that outward transport services utilized by the manufacturer beyond the place of removal qualified as an input service. The Tribunal quoted the High Court's observations, emphasizing the inclusion of outward transport services in the definition of "input service" and the statutory amendments effective from 01.04.2008.

Based on the judgment of the jurisdictional High Court and the interpretation of the definition of "input services," the Tribunal found the impugned order confirming the demand for the period from April 2005 to March 2008 to be without merit. Consequently, the appeal was allowed, setting aside the order confirming the demand.