2010 (10) TMI 754 - AT - Service Tax

Appellants had used Cenvat Credit for payment of service tax on the services rendered by them under the category of Transport of Goods by road services - period January, 2005 to December, 2006 - Held that - appellants, while paying service tax on GTA service availed in connection with removal of their final product from factory, were doing so on an output service and, therefore, they were entitled to utilize, for payment of service tax on such service, credit of the tax paid on the input GTA service availed by them in connection with receipt of inputs into their factory, order set aside and the appeal allowed. Flowserve Microfinish Valves (P.) Ltd. (2007 - TMI - 3568 - CESTAT BANGALORE)

Summary

Issues:
Utilization of Cenvat Credit for payment of service tax on output services - Eligibility of appellants.

Analysis:

Issue 1: Utilization of Cenvat Credit for payment of service tax on output services

The appeal was directed against Order-in-Appeal No.93/2009(V-I)ST, dated 30-9-2009, concerning the utilization of Cenvat Credit for the payment of service tax on services provided under the category of "Transport of Goods by road services" between January 2005 to December 2006. The Department contended that the output service in question was not an output service per se, as the tax liability was discharged as the recipient of the services. Both lower authorities held that the appellants were not eligible to use Cenvat Credit for the service tax liability.

Issue 2: Eligibility of appellants

Upon hearing both sides and examining the records, the key issue was determined to be whether the appellants were entitled to utilize the Cenvat Credit for the payment of service tax on output services, specifically Goods Transport services for the mentioned period. The judgment referred to a Division Bench decision in the case of India Cements Ltd. v. CCE, which clarified the definition of "output service" under the Cenvat Credit Rules, 2004. The Explanation in the Rules stated that if a person liable to pay service tax does not provide any taxable service or manufacture final products, the service for which service tax is due shall be deemed the output service. In this case, the appellants did not provide a taxable service but were liable to pay service tax on the GTA Service received by them. The judgment highlighted that the appellants were entitled to utilize the tax credit paid on input GTA service for the payment of service tax on the output service, as clarified by the Explanation in the Rules.

In conclusion, based on the precedent decisions and the interpretation of the relevant rules, the impugned order was deemed unsustainable, and the appeal was allowed with consequential relief. The judgment set aside the impugned order, affirming the appellants' eligibility to utilize the Cenvat Credit for the payment of service tax on the Goods Transport services, in line with the Division Bench decision and established legal principles.