2008 (9) TMI 225 - AT - Service Tax

Scope of Notification No. 34/04-S.T. which extended exemption from tax on GTA to consignments in respect of which the gross amount charged does not exceed Rs. 1500/- or the gross amount charged on individual consignment transported in a goods carrier does not exceed Rs. 750/-. - In present case, all the consignments had been transported in the same truck (goods carriage) and sent to the appellants Commissioner (A) rejected the plea made by the appellants that ceiling of Rs. 750/- did not apply to a consignment where the gross value charged had not been exceeded Rs. 1500 - appellants had paid the tax liability confirmed utilizing the service tax credit treating the payments towards tax on freight for inward transportation as output service - In view of the conflicting decisions taken in the final orders of the Tribunal, the position as to whether the appellants had correctly utilized the tax credit, remains unsettled- stay is granted

Summary

Issues:
Scope of Notification No. 34/04-S.T. dated 3-12-2004 regarding exemption from service tax on consignments. Interpretation of the notification in relation to the gross amount charged for individual consignments and multiple consignments transported in a goods carrier. Utilization of Cenvat credit for discharging service tax liability on GTA service received.

Analysis:
The case involved an application by M/s. Sakthi Sugars Limited for waiver of predeposit and stay of recovery of service tax amounting to Rs. 6,83,417/- demanded from them, along with applicable interest and penalties under Sections 76 and 78 of the Finance Act, 1994. The dispute revolved around the scope of Notification No. 34/04-S.T., dated 3-12-2004, which extended exemption from service tax on consignments based on the gross amount charged. The notification exempted consignments transported by road when the gross amount charged was up to Rs. 1,500/- or up to Rs. 750/- for an individual consignment. The issue primarily focused on the interpretation of this notification concerning the gross value charged for individual consignments and multiple consignments transported in a goods carrier.

The appellant contended that all consignments were transported in the same truck and sent to them, emphasizing that the ceiling of Rs. 750/- should not apply to a consignment where the gross value charged did not exceed Rs. 1500/-. The Commissioner (Appeals) upheld the interpretation applied by the original authority, stating that tax was applicable when the gross value charged for transport of an individual consignment exceeded Rs. 750/-. The appellant had paid the tax liability confirmed by utilizing the service tax credit for inward transportation. They relied on a Tribunal decision in Pallipalayam Spinners Pvt. Ltd. v. CCE, Salem, which allowed utilizing Cenvat credit for discharging service tax due on GTA service received, treating it as output service.

The JCDR defended the findings of the Commissioner (Appeals), arguing that at the material time, provisions did not permit discharging tax on GTA service received as output service. They cited a Tribunal decision in Alstom Projects India Ltd. v. CCE, Coimbatore, which held that utilizing service tax credit for payment of service tax on inward freight was not considered an output service. The conflicting decisions in the Tribunal's final orders created uncertainty regarding the correct utilization of tax credit by the appellants. Consequently, the predeposit required for the appeal was waived, and there was a stay of recovery of dues until the final disposal of the appeal.