2011 (6) TMI 491 - AT - Service Tax

Whether the appellants are eligible to pay service tax on GTA services from CENVAT credit Held that - in the case of Phills Engineering Corporation (2010 - TMI - 201367 - CESTAT, MUMBAI - Service Tax) , appellants are entitled to utilize CENVAT credit for payment of Service Tax on GTA service, order is set aside, appeal is allowed

Summary

Issues:
- Eligibility to pay service tax on GTA services from CENVAT credit prior to 01.03.2008.

Analysis:
The case involved an appeal by M/s. Gimatex Industries Pvt. Ltd. against a demand for duty, interest, and penalty amounting to Rs.78,740. The appellants, engaged in manufacturing cotton yarn, availed CENVAT credit on capital goods and input services. The dispute arose when it was discovered that service tax on outward transportation of finished goods was paid through CENVAT credit instead of cash from April 2005 to September 2007. The lower authorities upheld the demand, prompting the appeal before the Tribunal.

The appellant's advocate argued that based on precedents like Commissioner vs. Nahar Industrial Enterprises Ltd. and M/s. India Cement Ltd., prior to Notification No. 10/2008-C.E. (N.T) dated 1.3.2008, the appellant could utilize CENVAT credit for paying service tax on outward transportation services. On the contrary, the SDR referenced the decision in M/S ITC Ltd. vs. CCE Guntur, where it was held that recipients not engaged in providing taxable output services were not entitled to use CENVAT credit for service tax on GTA services.

After hearing both sides, the Tribunal deliberated on the eligibility of the appellants to pay service tax on GTA services from CENVAT credit before 01.03.2008. The Tribunal distinguished the facts of the case from M/S ITC Ltd., emphasizing that the appellants were manufacturers of excisable goods. Citing the decision in Commissioner of Central Excise, Chandigarh v. Nahar Industrial Enterprises Ltd. & Others and Phills Engineering Corporations, the Tribunal concluded that prior to 01.03.2008, manufacturers of excisable goods were indeed entitled to utilize CENVAT credit for paying service tax on GTA services. Consequently, the impugned order was set aside, and the appeal was allowed with any consequential relief.

In conclusion, the Tribunal's judgment clarified the eligibility of manufacturers of excisable goods to utilize CENVAT credit for paying service tax on GTA services before 01.03.2008, based on relevant precedents and legal interpretations.