2011 (8) TMI 377 - AT - Service Tax

Waiver of pre-deposit - whether the assessee is eligible for availing CENVAT Credit on Service Tax paid on the outward transportation of finished goods from the factory or depot to the customer s place - in view of decision in ABB Ltd. (2011 -TMI - 203985 - KARNATAKA HIGH COURT) on an appeal filed by the Revenue against the decision of the Larger Bench of the Tribunal in the case of ABB Ltd. (2009 -TMI - 34139 - CESTAT BANGALORE) claim of cenvat credit allowed.

Summary

Issues:
- Eligibility of Service Tax credit on outward transportation charges
- Applicability of the decision of Hon'ble Karnataka High Court

Analysis:
The appeal before the Appellate Tribunal CESTAT, Ahmedabad involved the issue of Service Tax credit availed by the appellant on outward transportation from the depot to the customer's place during the period April 2005 to March 2008. The Revenue contended that the appellant was not eligible for such credit as per Rule 2(l) of CENVAT Credit Rules, 2004. The adjudicating authority had upheld the demand raised along with interest and penalties under various sections of the Finance Act, 1994.

The authorized representative of the appellant argued that the issue was covered by an earlier Larger Bench decision of the Tribunal in the case of M/s ABB Ltd. Vadodara, which was upheld by the Hon'ble Karnataka High Court. On the other hand, the Ld. SDR contended that the High Court had only upheld the decision for the credit availed before 1.4.08, leaving the law unsettled for the subsequent period.

After considering the arguments and the Stay Petition, the Tribunal found that the judgment of the Hon'ble Karnataka High Court in the case of ABB Ltd. Vadodara would apply to the present case since the issue pertained to CENVAT Credit of Service Tax paid on outward transportation charges until 31.3.08. Consequently, the Tribunal decided to dispose of the appeal at that stage itself.

Upon waiver of the pre-deposit, the Tribunal proceeded to examine the appeal for disposal. It was observed that the issue of the eligibility of the assessee for availing CENVAT Credit on Service Tax paid on outward transportation of finished goods was squarely covered by the decision of the Hon'ble Karnataka High Court in the case of ABB Ltd. Vadodara. As the period in question in the present case was up to 31.3.08, which was within the scope of the High Court's judgment, the Tribunal allowed the appeal with consequential relief. The impugned order was set aside, and the appeal was allowed, thereby disposing of the Stay Petition as well.