2011 (2) TMI 787 - AT - Service Tax

Demand - Cenvat credit - Goods Transport Agency (GTA) - It is fairly accepted that the issue relating to utilisation of credit for payment of service tax on GTA services as recipient stands decided by the Tribunal in favour of the assessee.

Summary

Issues: Service tax payment on GTA services utilizing CENVAT credit.

Analysis:
The judgment by the Appellate Tribunal CESTAT, CHENNAI involved two appeals by the department against the same respondent, a manufacturer of man-made yarn who availed the services of Goods Transport Agency (GTA) and paid service tax on GTA services through CENVAT credit from Jan.'05 to Mar.'06. The original authority disallowed the utilization of CENVAT credit for payment of service tax on such input services, resulting in a service tax demand of Rs.1,35,378/- along with interest and penalties under Section 76 and 77 of the Finance Act, 1994. The Commissioner (Appeals) later allowed the appeals of the party, leading to the department's appeals before the Tribunal.

It was acknowledged that the issue of utilizing credit for payment of service tax on GTA services as a recipient had been previously decided in favor of the assessee by the Tribunal in the case of Commissioner of Central Excise, Belgaum Vs M/s.Shri Tubes & Steels Pvt. Ltd. Further, it was noted that based on this precedent, multiple appeals had been resolved in favor of the party in other cases. Therefore, the Tribunal, citing the decision in the case of Shri Tubes & Steels, concluded that the department's appeals were liable for rejection.

Consequently, the Tribunal rejected the appeals by the department, affirming the decision in favor of the respondent. The judgment was dictated and pronounced in open court, bringing the matter to a close.