2015 (10) TMI 2465 - HC - Service Tax

Utilisation of CENVAT Credit - GTA Service - Revenue contends that credit taken by assessee and reutilising it for payment of service tax is not tenable and as per Rule 3(4)(e) of Cenvat Credit Rules, 2004, Credit may be utilized for payment of service tax on any output services - Held That - There is no ground to disagree with judgement and reasoning of Punjab and Haryana High Court in Nahar Industries Enterprises Ltd. 2010 (5) TMI 608 - PUNJAB AND HARYANA HIGH COURT - Appeal lacks merit and rejected - Decided in favour of assessee.

Summary

Issues:
- Utilization of Cenvat Credit for payment of service tax on Goods Transport Agency (GTA) services.

Analysis:
The case involved the utilization of Cenvat Credit for payment of service tax on GTA services by the respondent, a manufacturer of excisable goods and holder of Central Excise Registration. The Revenue contended that the respondent, although deemed a service provider for service tax liability, could not avail the credit of service tax paid on GTA services for payment of service tax on the same services. A show cause notice was issued demanding service tax and recovery of Cenvat Credit along with interest and penalty. The Adjudicating Authority confirmed the demand. The Commissioner of Appeals allowed the appeal based on a circular and interpretation of relevant rules. The Revenue appealed to the Tribunal, which relied on judgments of Punjab and Haryana High Court and Delhi High Court, allowing Cenvat Credit utilization for duty on GTA services.

The Revenue raised several grounds challenging the Tribunal's decision, arguing that the issue was covered by judgments of the Punjab and Haryana High Court and the Delhi High Court. The Courts relied on CBEC's Excise Manual of Supplementary Instructions and relevant Cenvat Credit Rules, highlighting that Cenvat Credit could be used for payment of service tax on output services. The Court referred to Rule 3(4)(e) of the Cenvat Credit Rules, 2004, and Section 68 of the Finance Act, 1994, emphasizing the utilization of Cenvat Credit for service tax on output services. Section 68(1) and (2) of the Finance Act, 1994, outlined the payment of service tax by service providers, supporting the utilization of Cenvat Credit for such payments.

The Court, considering the specific reference to service tax and the provisions of the Finance Act, 1994, agreed with the judgments of the Punjab and Haryana High Court. It concluded that there was no reason to disagree with the reasoning that allowed the utilization of Cenvat Credit for service tax on GTA services. The appeal by the Revenue was deemed lacking in merit, and the question of law was answered in favor of the assessee. Therefore, the Court rejected the appeal, upholding the decision allowing the utilization of Cenvat Credit for payment of service tax on GTA services.