2011 (10) TMI 331 - AT - Service Tax

Cenvat credit of Service Tax paid on GTA services availed for transporting employees to factory premises Held that - The issue is no more res integra. Service of transportation of employees to the factory is admissible for credit as input service under Rule 2(1) of Cenvat Credit Rules, 2004. See CCE, Chandigarh-II vs. M/s.Federal Mogul Goetze (India) Ltd (2011 - TMI - 206654 - Punjab And Haryana High Court) Decided against the Revenue.

Summary

Issues involved: Entitlement to claim Cenvat credit of Service Tax paid on transportation services for employee transport to factory premises.

Analysis:
The central issue in the present appeal before the Appellate Tribunal CESTAT, NEW DELHI was whether the respondents are entitled to claim the Cenvat credit of Service Tax paid on transportation services for transporting their employees to their factory premises. The Revenue challenged the order of the Commissioner (Appeals) which ruled in favor of the respondents, contending that there was no nexus of transportation services with the business activity of the respondents. The learned DR for the Revenue expressed concerns about the trend of allowing Cenvat credit for all services, suggesting a potential scenario where the Revenue might have to pay the assessee from their own pocket. However, the Tribunal, per Archana Wadhwa, noted that the issue had already been settled by the Hon'ble Punjab and Haryana High Court in a previous case, M/s. Federal Mogul Goetze (India) Ltd. The Tribunal emphasized that it is not within the Court's purview to delve into the economics of taxation, but rather to interpret the legal definition of 'input services' as per the Cenvat Credit Rules, which had been conclusively interpreted by the High Court. Consequently, the Tribunal found no fault in the Commissioner (Appeals) order and dismissed the Revenue's appeal as lacking merit.

This judgment underscores the importance of legal interpretation in tax matters and the binding nature of precedent set by higher courts. It clarifies that the entitlement to claim Cenvat credit must align with the defined parameters and legal provisions, rather than economic considerations. The decision serves as a reminder that tax disputes should be resolved based on legal principles and established interpretations, ensuring consistency and adherence to the rule of law in tax matters.