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2013 (12) TMI 1328 - AT - Service TaxCenvat credit on Goods Transport Agency services goods exported out of India Held that - In case of export goods are contracted on FOB basis under which responsibility of the delivery of exported goods, till the same are put on board, is with the exporter of goods - it has been rightly held by the Commissioner (A) that for goods meant for export the place of removal of goods will be the port of export and not the factory gate - the place of removal in case of FOB based export has to be treated as port of export - Decided against Revenue.
Issues:
1. Eligibility of Cenvat credit on GTA services for outward transportation of excisable goods exported out of India. Analysis: Issue 1: Eligibility of Cenvat credit on GTA services for outward transportation of excisable goods exported out of India The appeal was filed by the Revenue against the Order-in-Appeal (OIA) dated 25/11/2010, where the Commissioner (A) allowed Cenvat credit of Goods Transport Agency (GTA) services for outward transportation of excisable goods exported by the respondent. The department contended that as per Rule-2(l) of the Cenvat Credit Rules, 2004, credit for services availed after the place of removal is not admissible. The key question was whether Cenvat credit on GTA services for goods exported out of India is eligible. The Commissioner (A) determined that for goods meant for export, the place of removal is the port of export, not the factory gate, especially in cases of goods exported on a Free on Board (FOB) basis. This decision was supported by precedents, including a CESTAT order dated 6/07/2012 in the case of Dynamic Industries Ltd. vs. CCE, Ahmedabad-I, where it was established that in FOB-based exports, the port of export should be considered as the place of removal. In light of the above legal interpretations and precedents, the Tribunal concluded that the appeal filed by the Revenue lacked merit and needed to be dismissed. Therefore, the appeal was disposed of as dismissed, affirming the eligibility of Cenvat credit on GTA services for outward transportation of excisable goods exported out of India. This comprehensive analysis of the judgment highlights the key legal issues, the arguments presented by the parties, the legal reasoning applied by the Tribunal, and the final decision rendered in the case.
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