2010 (7) TMI 451 - AT - Service Tax

Service tax credit - Commissioner (Appeals) had held that the appellants are entitled to CENVAT credit of service tax paid on inward freight - It is submitted that most of the disputed credit related to freight paid for inward transportation - As regards the credit of service tax paid for outward freight, the dispute was covered in their favour by the decision of the Larger Bench of the Tribunal in the case of ABB Ltd. - Thus the appellants are not entitled to credit of service tax paid on outward freight disagreeing with the ratio of the decision of the Larger Bench of the Tribunal in the case of ABB Ltd.- complete waiver of the dues adjudged against the appellants and stay recovery thereof pending decision in the appeals ordered.

Summary

Issues:
Appeals challenging duty and penalty imposition based on original authority's orders.

Analysis:
The judgment addressed nine appeals challenging duty and penalty imposition by the original authority. The appellants, a major manufacturer of various products, availed Goods Transport Agency (GTA) services for transportation. The original authority disallowed credit taken in the CENVAT account based on a circular. The Commissioner (Appeals) differentiated between inward and outward freight, allowing credit for service tax paid on inward freight. However, for outward freight, the appellants failed to demonstrate it as an integral part of the goods' price. The Commissioner (Appeals) cited a decision emphasizing that credit must be related to taxable services used in or in relation to the manufacture of excisable goods.

The judgment highlighted the appellants' claim for waiver of pre-deposit, citing a circular that deemed them eligible for the credit. The appellants argued that the original authority misinterpreted the circular, emphasizing entitlement to CENVAT credit for inward freight. The Commissioner (Appeals) upheld credit for inward freight but denied it for outward freight, contrary to a Tribunal decision. The judgment noted the appellants' reliance on the Tribunal decision regarding outward freight credit, which was stayed by the High Court. The judgment concluded that the appellants were entitled to credit for inward freight, constituting the majority of the disputed credit. However, the denial of credit for outward freight was deemed unsustainable, leading to a complete waiver of the dues and a stay on recovery pending appeal decision.