9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (1) TMI 1672 - AT - Central ExciseCENVAT Credit - Outward GTA Service - period January 2005 to June 2007 - HELD THAT - Reliance placed in Circular No. 1065/4/2018-CX dated 08.06.2018 and the case of M/S ULTRATECH CEMENT LTD. VERSUS C.C.E. KUTCH (GANDHIDHAM) 2019 (2) TMI 1487 - CESTAT AHMEDABAD and M/S SANGHI INDUSTRIES LTD. VERSUS C.C.E. KUTCH (GANDHIDHAM) 2019 (2) TMI 1488 - CESTAT AHMEDABAD where it was held that The Appellants are eligible for the cenvat credit of service tax paid on outward freight. The matter needs to be reconsidered afresh, considering the above judgment, Board Circular and facts of the present case - appeal allowed by way of remand to the Adjudicating Authority for passing a fresh Order.
Issues Involved:
Entitlement to Cenvat Credit for Outward GTA Service from January 2005 to June 2007. Analysis: The judgment by the Appellate Tribunal CESTAT AHMEDABAD, delivered by Hon'ble Member (Judicial) Mr. Ramesh Nair and Hon'ble Member (Technical) Mr. Raju, revolves around the issue of whether the appellant is eligible for Cenvat Credit concerning Outward GTA Service for the period spanning from January 2005 to June 2007. The tribunal noted that subsequent to the impugned order, significant developments occurred, including the issuance of Circular No. 1065/4/2018-CX dated 08.06.2018 following a judgment by the Hon'ble Supreme Court. The judgment considered factors such as the party bearing transportation charges, inclusion of such charges in the assessable value, and payment of excise duty on the value inclusive of transportation charges. In light of the aforementioned developments and the cases of Ultratech Cement Ltd. and Sanghi Industries Ltd., where similar issues were addressed in Final Orders dated 25.02.2019, the tribunal deemed it necessary to reassess the matter. Consequently, the tribunal set aside the impugned order and allowed the appeal for remand to the Adjudicating Authority for the issuance of a fresh order. The decision was dictated and pronounced in an open court on 06.01.2020. The judgment underscores the importance of considering evolving legal interpretations, circulars, and specific case facts in determining the eligibility for Cenvat Credit related to Outward GTA Service during the specified period.
|
