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2011 (2) TMI 930 - AT - Service TaxWhether the appellants are liable to pay service tax on GTA service from PLA/cash or can pay from their Cenvat credit account or not for the period prior to 1.3.2008 - the issue is no more res-integra as the same has been settled by various decisions of this Tribunal as well as decision of Hon ble Punjab & Haryana High Court in the case of CCE Chandigarh vs. Nahar Industrial Enterprises Ltd. 2007 -TMI - 4330 - CESTAT NEW DELHI wherein it has been held that for the period prior to 1.3.2008 assessee can utilise their Cenvat credit account for payment of service tax on GTA - Decided in favour of assessee.
Issues: Liability to pay service tax on GTA service from PLA/cash or Cenvat credit account for the period prior to 1.3.2008.
Analysis: The judgment by the Appellate Tribunal CESTAT, DELHI, involved a crucial issue regarding the liability of appellants to pay service tax on GTA service from PLA/cash or their Cenvat credit account for the period before 1.3.2008. The learned Advocate for the appellants argued that previous decisions by the Tribunal supported the stance that Cenvat credit account could be utilized for paying service tax on GTA before 1.3.2008. She cited the case of CCE, Chandigarh vs. Nahar Industrial Enterprises Ltd. and a decision by the Hon'ble High Court of Punjab & Haryana in the same matter. On the other hand, the Learned D.R. reiterated the impugned order. Upon hearing the arguments and considering the submissions from both sides, the Tribunal observed that the issue had already been settled through various decisions of the Tribunal and the Hon'ble Punjab & Haryana High Court in the case of Nahar Industrial Enterprises Ltd. The Tribunal concurred with the precedent that for the period preceding 1.3.2008, the assessee could indeed use their Cenvat credit account for the payment of service tax on GTA. Consequently, the impugned order was set aside, and the appeal was allowed with any consequential relief that may arise. This judgment provides clarity on the specific issue of the mode of payment of service tax on GTA service for the period before 1.3.2008, establishing the precedence set by previous decisions of the Tribunal and the High Court. The decision underscores the importance of adhering to established legal interpretations and precedents in resolving tax liability disputes, ensuring consistency and predictability in tax matters.
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