2008 (7) TMI 351 - AT - Service Tax

Input credit appellant engaged in mining activities and transporting the iron ore and other mining products by road in a goods carriage on payment of freight and discharging service tax under the category of Goods Transport Agency revenue submit that credit taken of service tax paid as input service utilized towards payment of Service tax and Educational Cess payable on the freight for transportation of their goods for the subsequent period that is from 4/2005 to 9/2005 this is not input service and it defeats the very purpose of collecting Service tax on the GTA service - is no plea of financial hardship stay granted partly

Summary

Issues:
- Disallowance of Cenvat Credit
- Demand of Service Tax & Education Cess
- Penalty under Rule 15 (3) of CCR, 2004
- Penalty under Section 76 of the Finance Act, 1994

Disallowance of Cenvat Credit:
The appellants, engaged in mining activities and transportation of goods, claimed Cenvat credit for Service Tax paid on freight under the category of "Goods Transport Agency (GTA)." The department found them ineligible for the credit as they were neither service providers nor manufacturers of final products. The Commissioner held that outward transportation does not qualify as an 'input service' for final excisable goods, thus disallowing the credit under Rule 3 of Cenvat Credit Rules, 2004.

Demand of Service Tax & Education Cess:
The appellants argued that their mining processes constituted manufacturing, making them eligible for Cenvat credit. However, the Commissioner ruled that the transportation of goods to the port for export did not entitle them to credit for subsequent periods. The Commissioner emphasized that outward transportation does not qualify as an input service for final products, as defined in the Cenvat Credit Rules, thereby rejecting the appellants' claim for Service Tax credit.

Penalty under Rule 15 (3) of CCR, 2004:
The appellants contended that their mining activities constituted manufacturing, allowing them to utilize input credit for subsequent payments. They relied on judicial precedents to support their claim of no irregularity in availing Cenvat credit. However, the Commissioner disagreed, stating that the payment of Service Tax to GTA service for transporting iron ore from mines to port could not be considered credit for subsequent periods, as it would negate revenue collection for transportation services.

Penalty under Section 76 of the Finance Act, 1994:
The appellants were directed to pre-deposit specified amounts within three months to avoid the recovery of Tax and penalties. Failure to comply would result in the dismissal of the appeal. The Tribunal upheld the Commissioner's decision, emphasizing that the appellants could not consider the Service Tax paid as 'input service' for claiming credit in subsequent periods, as it would defeat the purpose of collecting Service Tax on GTA services. Compliance was required by a specified date to avoid dismissal of the appeal.