2017 (3) TMI 314 - AT - Service Tax

CENVAT credit - whether input service credit of Terminal Handling Charges received and used in connection with export of goods for the period prior to 07.07.2009 is admissible to the appellants? - Held that - the Terminal Handling Charges would fall under port services prior to 07.07.2009 has been decided by this Tribunal in the case of Nahar Fibers vs. C.C.E., Chandigarh 2013 (12) TMI 330 - CESTAT NEW DELHI - appeal allowed - decided in favor of appellants.

Summary

Issues:
Admissibility of input service credit of Terminal Handling Charges for the period prior to 07.07.2009.

Analysis:
The appellants appealed against the Orders-in-Appeal passed by the Commissioner of Central Excise (Appeals), Chandigarh-I. The main issue in all three appeals was whether input service credit of Terminal Handling Charges for the period before 07.07.2009 is admissible to the appellants. The appellant's advocate argued that this issue had already been decided in their favor in previous cases. The Revenue's representative acknowledged that the Terminal Handling Charges were made taxable from 07.07.2009 onwards. The Tribunal referred to previous judgments and held that services provided in relation to port services in a port, when used for export, were exempt from Service Tax. The Tribunal found the reasoning of the adjudicating authority and the Commissioner (Appeals) erroneous and unsustainable. Consequently, the Tribunal set aside the orders of the Commissioner (Appeals) and allowed the appeals filed by the appellants.

This judgment clarifies the admissibility of input service credit of Terminal Handling Charges for the period before 07.07.2009. The Tribunal relied on previous decisions to establish that services related to port services in a port, used for export, were exempt from Service Tax. The Tribunal found the Revenue's argument regarding the taxable nature of Terminal Handling Charges before 07.07.2009 unconvincing. By quashing the orders of the Commissioner (Appeals) and allowing the appeals, the Tribunal upheld the appellants' claim for input service credit. The judgment provides a clear interpretation of the relevant notifications and exemptions, ensuring consistency in the application of tax laws.

In conclusion, the Tribunal's decision in these appeals reaffirms the admissibility of input service credit for Terminal Handling Charges used in connection with export of goods before 07.07.2009. By citing previous judgments and analyzing the relevant notifications, the Tribunal clarified that such services fell under the exemption from Service Tax when used for export purposes. The Tribunal's thorough analysis of the legal provisions and its rejection of the Revenue's contentions ensure a fair application of tax laws and provide clarity on the admissibility of input service credit in similar cases.