2011 (6) TMI 362 - AT - Service Tax

Cenvat credit on Service Tax paid on the GTA services - during the period from January 2005 to September 2005 - Held that - As the issue in question is concerned to the extent it related to the period prior to 19-4-2006, the consistent view taken by the Tribunal in CCE, Chandigarh Vs. Nahar Exports Ltd. (2007 (10) TMI 389 - CESTAT, New Delhi) and followed in CCE, Belgaum Vs. Shri Tubes & Steels Pvt. Ltd. 2010 (9) TMI 815 - CESTAT, BANGALORE is that in view of the explanation clause the assessee would be entitled to avail the benefit of such service tax in order to claim the Cenvat credit thereof - As the period involved in this is case is prior to 19.4.2006 therefore the impugned orders are liable to be set aside - Decided in favour of assessee.

Summary

Issues:
- Availing cenvat credit on Service Tax paid on GTA services
- Interpretation of deemed fiction in relation to availing cenvat credit
- Applicability of Tribunal's decisions in similar cases

Analysis:
- The appeals were against Order-in-Originals dated in 2007 regarding availing cenvat credit on Service Tax paid on GTA services. The Revenue contended that the appellants were not eligible to avail the credit as they were not the manufacturer or provider of output service. The Adjudicating Authority upheld the Revenue's view, leading to demands, interest, and penalties.
- The issue revolved around the interpretation of deemed fiction regarding the eligibility to avail cenvat credit. The appellants argued citing Tribunal's decisions in similar cases, emphasizing their entitlement to the credit. The departmental representative referred to a Board's Circular supporting the denial of cenvat credit.
- The Tribunal referred to its decision in a specific case involving manufacturers of excisable goods registered for payment of service tax under GTA services. The Tribunal analyzed the explanation clause creating a deeming fiction for those liable to pay service tax but not providing taxable services or manufacturing final products. The Tribunal's decision highlighted the benefit of the deeming fiction for such recipients to utilize cenvat credit.
- The Tribunal's analysis of various case laws reiterated the consistent view that prior to 19-4-2006, the explanation clause allowed recipients to avail the benefit of service tax for claiming cenvat credit. Consequently, the Tribunal found no justifiable reason to differ from the established interpretation. Therefore, the impugned orders were set aside, and the appeals were allowed with any consequential relief.

This detailed analysis of the judgment showcases the issues, arguments presented, legal interpretations made, and the final decision rendered by the Tribunal based on relevant precedents and legal provisions.