2011 (7) TMI 360 - AT - Central Excise

Cenvat credit on inputs - Transportation charges - As the issue in dispute stands covered by the recent decision of the Hon ble Karnataka High Court in the case of CCE & ST, LTU, Bangalore Vs ABB Ltd. 2011 -TMI - 203985 - KARNATAKA HIGH COURT - The High Court has held that transportation charges incurred by the manufacturer for clearance of final product from place of removal, upto 1.4.2008 are included in the definition of input service and that credit is admissible till this date - As the period involve this case pre and post-1.4.2008 and is therefore remitted for fresh decision in the light of the Honble Karnataka High Court s judgment - Thus appeal is allowed by way of remand.

Summary

Issues:
1. Waiver of predeposit and final disposal of appeals based on recent decision of Hon'ble Karnataka High Court regarding transportation charges as input service.
2. Remittal of cases of M/s. India Cements Ltd., M/s. Sterlite Industries (I) Ltd., M/s. Wheels India Ltd., and M/s. Madras Cements Ltd. for fresh decision in light of the Karnataka High Court's judgment.

Analysis:

1. The Hon'ble Tribunal waived the requirement of predeposit and proceeded to final disposal of appeals based on the recent decision of the Hon'ble Karnataka High Court in the case of CCE & ST, LTU, Bangalore Vs ABB Ltd. The High Court ruled that transportation charges incurred by the manufacturer for clearance of final products up to 1.4.2008 are considered "input service" and eligible for credit until that date. The Tribunal followed this decision, which partly upholds the Larger Bench's decision in ABB Ltd. The Tribunal noted that the period in dispute for M/s. India Cements Ltd., M/s. Sterlite Industries (I) Ltd., and M/s. Wheels India Ltd. covers both pre and post-1.4.2008. As the period involved in the case of M/s. Wheels India Ltd. is entirely beyond 1.4.2008, the impugned orders were set aside, and the cases were remitted for fresh decision to the adjudicating authority. The assessees are to be given a reasonable opportunity to be heard in their defense as per the Karnataka High Court's judgment, leading to the allowance of these appeals by way of remand.

2. The case of M/s. Madras Cements Ltd. (Appeal E/221/2009) also involves a period both before and after 1.4.2008 and is thus remitted for fresh decision in the light of the Hon'ble Karnataka High Court's judgment. This appeal is also allowed by way of remand. The judgments were dictated and pronounced in open court, ensuring transparency and adherence to legal procedures.

This comprehensive analysis highlights the Tribunal's decision to apply the recent judgment of the Karnataka High Court regarding transportation charges as input services, leading to the remittal of various cases for fresh decisions in line with the legal interpretation provided by the High Court.