2011 (8) TMI 416 - AT - Service Tax

Cenvat credit - Input services - Admissibility of input credit of service tax paid on the outward transportation of the goods from the factory gate to the place of removal - Since issue is no more res integra and stands settled by the latest decision of Hon ble High Court of Karnataka reported as CCE and ST Bangalore Vs. ABB Ltd. (2011 -TMI - 203985 - KARNATAKA HIGH COURT) - Vide the said judgement the Hon ble High Court has upheld the Larger Bench decision of the Tribunal in the case of ABB Ltd. laying down that the credit of service tax paid on transportation up to place of sale is admissible - There is no dispute in the present appeal as regards the factual position that the sale is on FOR destination basis - Decided in favour of assessee.

Summary

Issues: Admissibility of input credit of service tax paid on outward transportation of goods.

In this case, the Appellate Tribunal CESTAT, New Delhi, heard an appeal filed by the Revenue against an order passed by the Commissioner (Appeals) regarding the admissibility of input credit of service tax paid on outward transportation of goods. The Commissioner (Appeals) had granted relief to the respondent, stating that the eligibility for availing credit of service tax paid on outward transportation depends on the determination of the place of removal. The Commissioner observed that the goods remained in the control of the appellant until delivered to the consignee at the destination, with transportation charges forming part of the assessable value. The Commissioner found that the sales were on F.O.R. basis, indicating ownership of goods remained with the appellant until the destination, making the outward GTA service an input service for the appellant.

The Revenue contended that the place of removal is the factory gate, and therefore, service tax paid on transportation from the factory gate onwards is not admissible as input credit. However, the Tribunal referred to a decision of the Hon'ble High Court of Karnataka in the case of CCE and ST Bangalore Vs. ABB Ltd., where it was held that credit of service tax paid on transportation up to the place of sale is admissible. The Tribunal noted that in the present case, the sales were on F.O.R. destination basis, aligning with the decision of the Hon'ble High Court. Consequently, the Tribunal found no merit in the Revenue's appeal and rejected it.

The judgment clarifies the criteria for determining the admissibility of input credit of service tax paid on outward transportation of goods, emphasizing the significance of the place of removal and the terms of sale. It highlights the relevance of previous judicial decisions in establishing precedents for such matters and underscores the importance of factual circumstances in deciding on the eligibility of input credit. The judgment provides a clear interpretation of the law in this regard, ensuring consistency and adherence to legal principles in tax matters.