2012 (4) TMI 531 - AT - Central Excise

Denial of CENVAT credit - Goods transport agency (GTA) service - whether outward transportation of goods was covered by the definition of input service under Rule 2(l) of the CENVAT Credit Rules, 2004 for the period prior to 01/04/2008 - Held that - outward transportation of goods was covered by the definition of input service prior to substitution of the word upto for the word from in clause (ii) of Rule 2(l) - Following decision of Commissioner Vs. ABB Ltd. 2011 (3) TMI 248 - KARNATAKA HIGH COURT - Decided in favour of assessee.

Summary

Issues:
- Appeal seeking waiver and stay of adjudged dues
- Denial of CENVAT credit on goods transport agency (GTA) service
- Interpretation of the definition of input service under Rule 2(l) of the CENVAT Credit Rules, 2004
- Effect of substitution in Rule 2(l) from 01/04/2008
- High Court judgment vs. Department's appeal to Supreme Court

Analysis:
The judgment addresses an appeal seeking waiver and stay of adjudged dues. The appellant had been denied CENVAT credit on goods transport agency (GTA) service for outward transportation of excisable goods. The issue revolved around whether such outward transportation of goods qualified as an input service under Rule 2(l) of the CENVAT Credit Rules, 2004 prior to 01/04/2008. The jurisdictional High Court's ruling in the case of Commissioner Vs. ABB Ltd. held that such outward transportation was indeed covered by the definition of input service before the substitution in Rule 2(l). The substitution, changing "upto" to "from," became effective from 01/04/2008. Notably, the Department had appealed to the Supreme Court against the High Court's judgment, but it was not indicated that the High Court's ruling was stayed by the apex court.

The Tribunal, following the High Court's decision, set aside the impugned order and allowed the appeal. The stay application was also disposed of accordingly. This judgment highlights the significance of the interpretation of legal provisions, specifically the definition of input service under the CENVAT Credit Rules, and the impact of subsequent amendments on such interpretations. The interplay between High Court judgments and appeals to higher courts underscores the importance of legal precedent and the hierarchy of the judicial system in resolving disputes and determining legal rights and obligations.