2012 (5) TMI 446 - AT - Service Tax

CENVAT credit - assessee availed CENVAT credit on Business Auxiliary Services for the period from March, 2005 to June, 2007 Held that - in the case of ABB Ltd. (2009 - TMI - 34139 - CESTAT, BANGALORE - Service Tax) has held that the services availed by a manufacturer for outward transportation of final products from the place of removal shall be treated as input services in terms of Rule 2(l)(ii) of Cenvat Credit Rules, 2004. ultimate order passed by the Larger Bench of the Tribunal does not suffer from any infirmity so far as period prior to amendment of the said Rule i.e.01.04.2008, is concerned. decision is squarely applicable to the present case since the period involved in the case is prior to 01.04.2008 as already discussed, supra. order is set aside and appeal is allowed.

Summary

Issues:
Appeal against disallowance of CENVAT credit on outward transport services.

Analysis:
The appellant, engaged in manufacturing motor vehicle parts, filed an appeal against the disallowance of CENVAT credit on outward transport services. The dispute arose when the appellant availed CENVAT credit on Business Auxiliary Services for the period from March 2005 to June 2007. Proceedings were initiated against the appellant for availing inadmissible credit, leading to a show-cause notice for recovery of credit, interest, and penalty. Both the lower adjudicating authority and the Commissioner (Appeals) upheld the proceedings, prompting the appeal.

The appellant contended that the CENVAT credit was for Service Tax paid on loading and unloading of goods at customers' premises, falling under the definition of 'input services' as per Rule 2(l)(ii) of Cenvat Credit Rules, 2004. They relied on a decision by the Hon'ble Karnataka High Court in the case of ABB Ltd. vs. Commissioner of Central Excise, which supported their position. On the other hand, the learned JDR reiterated the findings of the lower authorities.

Upon careful consideration, the judge noted that the period in question was from March 2005 to June 2007. Referring to a decision by the Larger Bench of the Tribunal in the case of ABB Ltd. vs. Commissioner of Central Excise, Bangalore, it was established that services for outward transportation of final products are considered input services under Rule 2(l)(ii) of Cenvat Credit Rules, 2004. The judge highlighted the Hon'ble Karnataka High Court's affirmation of the Tribunal's decision, stating that it was applicable to cases before the amendment of the rule on April 1, 2008. Consequently, the impugned order disallowing the credit was set aside, and the appeal was allowed.