2010 (11) TMI 647 - AT - Service Tax

Rule 3(4)(e) of the Cenvat Credit Rules, 2004 - Appellants are entitled to utilize the credit in respect of input service towards payment of service tax on GTA services, which is an output service by definition - registered with the Department for Service Tax - Revenue entertained a view that the assessee was not entitled to use the otherwise earned Cenvat Credit for payment of Central Excise tax on GTA services so availed by them - appellate authority also relied upon the various decisions Bhushan Power & Steel Ltd. v. CCE 2007 -TMI - 3566 - CESTAT KOLKATA - Appeal of revenue rejected - Decided against the revenue

Summary

Issues:
- Applicability of Cenvat credit for payment of Central Excise tax on GTA services

Analysis:
- The appellant, engaged in the manufacture of cotton yarn, utilized Cenvat credit for the discharge of Service Tax liability on GTA services. The Revenue contended that the appellant was not entitled to use the Cenvat credit for this purpose, leading to the initiation of proceedings against them.
- The Commissioner (Appeals) upheld the appellant's right to use Cenvat credit for payment of Service Tax on output services, relying on the Explanation under Rule 2(p) of Cenvat Credit Rules, 2004. The Commissioner highlighted that there was no restriction on utilizing Cenvat credit for this purpose before the relevant rule was omitted.
- The appellate authority referenced various Tribunal decisions, including Bhushan Power & Steel Ltd. v. CCE and India Cement Ltd. v. CCE, which supported the utilization of Cenvat credit for payment of Service Tax on GTA services. The Revenue did not dispute the applicability of these decisions but raised concerns about the decisions not being accepted by the department.
- The respondents pointed to a Punjab and Haryana High Court judgment that dismissed Revenue's appeals against Tribunal judgments, affirming the right to use Cenvat credit for Service Tax payment on GTA services. The High Court cited CBEC Excise Manual and Rule 3(4)(e) of the Cenvat Credit Rules, 2004, to support this stance.
- The Tribunal, considering the decisions of the Punjab & Haryana High Court, upheld the Commissioner (Appeals)'s view that the appellant could utilize Cenvat credit for paying Service Tax on GTA services. Consequently, the Revenue's appeal was rejected based on the established legal precedent.