9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (12) TMI 674 - AT - Service TaxCENVAT Credit - GTA Service - Held that - In the decision of the Larger Bench in the case of Panchmahal Steel Ltd. Vs. CCE&ST, Vadodara 2014 (4) TMI 490 - CESTAT AHMEDABAD it has been held that CENVAT credit can be used for payment of service tax on GTA service. The decision of the Larger Bench clearly covers the issue. Since the CENVAT credit utilisation is held to be correct, there were no need for the payment by the assessee to make payments in cash subsequently and therefore interest is also not liable to be paid. - Decided in favour of assessee.
Issues:
1. Utilization of Cenvat credit for payment of service tax on GTA services. 2. Imposition of interest and penalty under section 77 of the Finance Act, 1994. 3. Applicability of precedents and judgments in determining the liability. Analysis: Issue 1: Utilization of Cenvat credit for payment of service tax on GTA services The appellant, engaged in manufacturing Ordinary Portland Cement, availed Cenvat credit on inputs, input services, and capital goods. Following the introduction of service tax on GTA services, the appellant discharged the service tax liability on GTA services by debiting the service tax due in their Cenvat Credit account. However, a show cause notice was issued, alleging impermissible utilization of Cenvat credit for this purpose. The appellant contended that various tribunal decisions supported the legality of utilizing Cenvat credit for paying service tax on GTA services. The original authority ordered appropriation of the sums paid in cash towards GTA service tax liability, demanded interest, and imposed a penalty. The Commissioner of Central Excise (Appeals) upheld the demand of tax and interest but set aside the penalty. The appellate tribunal, considering the appellant's reliance on multiple decisions, including a Larger Bench decision, held that Cenvat credit can be used for payment of service tax on GTA services, thereby allowing the appeal with consequential relief. Issue 2: Imposition of interest and penalty under section 77 The appellant was directed to pay interest and penalty under section 77 of the Finance Act, 1994, for the alleged non-payment of service tax on GTA services. The appellant argued against the imposition of interest and penalty, citing the legality of utilizing Cenvat credit for discharging the service tax liability. The appellate tribunal, after considering the Larger Bench decision supporting the Cenvat credit utilization, held that since the credit utilization was correct, there was no need for the appellant to make payments in cash subsequently. Consequently, the tribunal ruled that interest was not liable to be paid and allowed the appeal with consequential relief. Issue 3: Applicability of precedents and judgments The appellant relied on various tribunal decisions to support their contention regarding the utilization of Cenvat credit for paying service tax on GTA services. The appellate tribunal acknowledged the appellant's reliance on multiple decisions but specifically highlighted the Larger Bench decision in the case of Panchmahal Steel Ltd. Vs. CCE&ST, Vadodara, which held that Cenvat credit can be used for payment of service tax on GTA services. By emphasizing the relevance of the Larger Bench decision, the tribunal concluded that the appellant's utilization of Cenvat credit was correct, leading to the allowance of the appeal with consequential relief. In conclusion, the appellate tribunal's judgment favored the appellant by allowing the appeal, determining the legality of utilizing Cenvat credit for payment of service tax on GTA services, and relieving the appellant from the liability of interest payment due to the correct credit utilization.
|
