2011 (5) TMI 804 - AT - Service Tax

Credit of Service Tax paid in respect of G.T.A. Services - iron ore and coal have been utilized by the Appellants crushing the same to the desired size of 5-18 mm required for manufacture of sponge iron. In the process, some quantity of fines have been generated which have been sold by the Appellants. The case of the Department is that since part of the inputs have been cleared outside the factory, proportionate amount of Service Tax credit should be reversed Held that - entire inputs have been taken into use and subjected to crushing. Only the resultant fines have been sold outside. It cannot be said that the inputs have been cleared as such, no provision for reversal of CENVAT Credit of Service Tax paid on transportation of inputs or capital goods, orders passed by the authorities below cannot be sustained and the same are set aside and Appeal is allowed

Summary

Issues:
Reversal of Service Tax credit on transportation of inputs due to part of inputs being cleared outside the factory.

Analysis:
The case involved the Appellants receiving iron ore and coal in their factory for manufacturing sponge iron, with no duty on these inputs. However, they took credit of Service Tax paid for transporting these inputs using G.T.A. Services. The Department argued that since part of the inputs were cleared outside the factory, a proportionate amount of Service Tax credit should be reversed. The Appellants contended that there was no provision for such reversal, citing previous decisions where it was held that Service Tax credit on transportation of inputs or capital goods need not be reversed even when inputs were cleared. The Tribunal noted that all inputs were utilized in the manufacturing process, with only the fines generated being sold outside, and concluded that the inputs were not cleared as such. Therefore, the Tribunal found no basis for the reversal of CENVAT Credit of Service Tax paid on transportation of inputs or capital goods. Consequently, the impugned orders were set aside, and the appeal was allowed.

This judgment highlights the importance of the specific circumstances of each case in determining the applicability of provisions regarding the reversal of Service Tax credit on transportation of inputs. The Tribunal emphasized that when inputs are fully utilized in the manufacturing process and only by-products are sold outside, there is no requirement for the reversal of Service Tax credit. Additionally, the Tribunal distinguished the present case from previous decisions where similar issues were addressed, emphasizing that the absence of provisions for such reversal supported the decision to set aside the impugned orders. The judgment underscores the necessity for a thorough examination of the facts and applicable legal principles to arrive at a just and reasoned decision in matters concerning the reversal of tax credits in indirect taxation disputes.