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2017 (9) TMI 1691 - HC - Central ExciseCENVAT Credit - Tippers - composite service - Held that - Tribunal held that the service tax paid under the BAS by considering the total service of the assessee as a composite service essentially made the assessee eligible to CENVAT Credit claimed on tippers - the findings rendered by the Tribunal do not generate any substantial question of law for interference by answering it in favour of the Revenue - appeal dismissed - decided against Revenue.
Issues involved:
Interpretation of the definition of 'capital goods' under the Central Excise Act, 1944 for service tax purposes and eligibility of CENVAT Credit on tippers based on the classification of services provided. Analysis: The judgment by the Chhattisgarh High Court involved an appeal under Section 35G of the Central Excise Act, 1944. The Customs, Excise and Service Tax Appellate Tribunal concluded that the activity of the assessee, considered as service of cargo handling, falls within the definition of 'capital goods'. Consequently, the Tribunal held that the service tax paid under Business Auxiliary Service (BAS) made the assessee eligible to claim CENVAT Credit on tippers, treating the total service as a composite service. The Learned Counsel for the Appellant/Revenue contended that since the assessee treated the transaction as BAS, they were not entitled to claim CENVAT Credit based on a differential classification asserting the presence of cargo handling in the BAS. However, it was noted that there was no relevant notification applicable to the situation at that time, as correctly pointed out by the Counsel for the Appellant/Revenue. Considering the arguments presented, the Court held that the findings of the Tribunal did not raise any substantial question of law warranting interference in favor of the Revenue. Consequently, the appeal was dismissed in limine, indicating that the decision of the Tribunal was upheld, and the Appellant's claim for CENVAT Credit on tippers was deemed eligible based on the classification of services provided as capital goods.
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