2011 (11) TMI 251 - AT - Service Tax

Cenvat Credit of service tax paid on GTA for disposal of by product - transportation of Press Mud and Ash, byproduct to the fields of farmers Revenue contention that it is not an input in or in relation to manufacture - it is a post removal activity - Held that - Both Press Mud and Ash are of no use to the appellant and these are required to be disposed of. In the absence of any sale, it will not be appropriate to say that this is an activity beyond the place of removal. Moreover, Press Mud and Ash are used by farmers, who supplied the sugarcane for manufacture of sugar. If this is the case, sugarcane is definitely is a raw material for sugar and Press Mud and Ash are used as manure for growing sugarcane and therefore utilization of Press Mud and Ash are used for production of raw material which can be definitely said to be related to manufacture itself. Therefore, the respondents are eligible for CENVAT Credit. - Decided against the Revenue

Summary

Issues:
Admissibility of CENVAT Credit for Service Tax paid on transportation services utilized for transportation of Press Mud and Ash as a byproduct.

Analysis:
The Revenue appealed against the decision allowing CENVAT Credit for Service Tax paid on transportation services used for Press Mud and Ash transportation. The Revenue argued that since this activity is post-removal, credit should not be allowed as it is not related to manufacturing. Additionally, they contended that Press Mud and Ash are final products or byproducts, not inputs. The Revenue also challenged the view that Press Mud and Ash were not sold to farmers, citing lack of evidence.

The Commissioner's order highlighted that the waste products, Press Mud and Ash, arise during the manufacture of final products like sugar and molasses. The primary issue was whether Service Tax on outward transportation of waste products can be considered an input service. The Commissioner noted that waste disposal is a statutory obligation for operational efficiency and environmental protection, reflecting in the sale price of final goods. The outward transportation of waste products is indirectly related to the manufacture of final goods, making it an input service. The Commissioner emphasized that without evidence of waste being sold, the waste disposal activity is integral to the manufacturing process.

The Commissioner further explained that the disposal of Press Mud and Ash is a statutory obligation under Pollution Control Laws, crucial for continued manufacturing. As the waste is of no use to the appellant and must be disposed of, it is considered an activity related to manufacturing. The utilization of Press Mud and Ash by farmers as manure for sugarcane, a raw material for sugar, establishes a direct relation to the manufacturing process. Therefore, the respondents were deemed eligible for CENVAT Credit. The Revenue's appeal was dismissed for lacking merit.

In conclusion, the judgment upheld the admissibility of CENVAT Credit for Service Tax paid on transportation services for Press Mud and Ash, considering the waste disposal activity as integral to the manufacturing process and meeting the criteria for input services under the CENVAT Credit Rules, 2004.