2010 (11) TMI 249 - AT - Service Tax

Goods Transport Agency (GTA) services - Exemption -the Commissioner (Appeals) has observed that the service provider of GTA are not even registered with Service Tax department and as the question of availing any input credit or capital goods does not arise -  Revenue, relied upon the circular of Board F.No. B1/6/2005-TRU, dt 27-7-05, requiring a declaration on consignment note, which was not in existence at the time of availment of benefit of Notification - As such reliance on the same cannot be placed - Further, Revenue in their memo of appeal, has not doubted non-availment of credit by GTA service provider and has not providing proof evidencing that they were availing any credit - Find no merits in the appeals filed by the Revenue - The same are accordingly rejected.

Summary

Issues:
- Availability of Notification No. 32/2004-S.T. granting abatement of 75% under Goods Transport Agency (GTA) services.
- Interpretation of conditions attached to the Notification regarding the non-applicability of abatement if credit of duty paid on inputs or capital goods is taken under CENVAT Credit Rules, 2004.
- Application of Board's circular F.No. B1/6/2005-TRU prescribing a declaration by the service provider on the consignment note to show non-availment of credit.
- Assessment of the period involved in the appeal and the relevance of the circular in absence of specific procedures before a certain date.

Analysis:

The appeals before the Appellate Tribunal CESTAT, Ahmedabad involved a dispute regarding the availability of Notification No. 32/2004-S.T., which grants a 75% abatement on Service Tax under Goods Transport Agency (GTA) services. The central issue was whether the respondents, as receivers of such services, could avail the benefit of the notification and discharge their tax liability by claiming the abatement on transportation charges. The Commissioner (Appeals) had allowed the respondents' appeals, prompting the Revenue to file appeals challenging this decision.

The condition attached to the Notification stipulated that the abatement would not apply if credit of duty paid on inputs or capital goods used for providing the taxable service had been taken under the CENVAT Credit Rules, 2004. The Commissioner (Appeals) noted that the service providers of GTA were not registered with the Service Tax department, and thus, the question of availing any input credit or capital goods did not arise. The Commissioner interpreted that the recipients of GTA services, the respondents, were entitled to the abatement as the condition did not refer to them but to the GTA service providers.

The Revenue cited a circular by the Board requiring a declaration by the service provider on the consignment note to demonstrate non-availment of credit. However, the respondents argued that the circular was issued after the period involved in the appeal and thus was not applicable. The Tribunal agreed with the respondents, emphasizing that the circular's requirement was not in place at the time the benefit of the Notification was availed. The Revenue failed to provide evidence of the GTA service provider availing any credit, further weakening their case.

Ultimately, the Tribunal found no merit in the Revenue's appeals and rejected them, upholding the decision of the Commissioner (Appeals) in favor of the respondents. The judgment highlighted the importance of adherence to specific procedures and the need for concrete evidence when disputing tax liabilities and abatements under relevant notifications.