2017 (3) TMI 845 - AT - Central Excise

CENVAT credit - GTA service - services used for export of goods - denial on the ground that the service not covered under the scope of input service as defined u/r 2(l) of the CCR, 2004 - Held that - Service Tax paid in relation to GTA Service used for exported goods is covered under the scope of input service as defined u/r 2(l) of the CCR, 2004, in view of the ratio laid down by the Hon ble Gujrat High Court in Dynamic Industries Ltd s case 2014 (8) TMI 713 - GUJARAT HIGH COURT , where under it is held that the place of removal in case of export of goods on FOB basis, is at the place of export i.e., Port, hence the credit availed on all export related services is admissible - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Admissibility of CENVAT credit on 'GTA Service' used in the export of goods
- Interpretation of 'input service' under Rule 2(l) of the CCR, 2004
- Application of the decision in Commissioner vs. Dynamic Industries Ltd. 2014 (307) ELT 15 (Guj.)

Analysis:
The appeals were filed against the order passed by the Commissioner (Appeals) of Central Excise, Service Tax & Customs, Vadodara, regarding the admissibility of CENVAT credit on 'GTA Service' used in the export of goods. The appellants had availed inadmissible credits during different periods, and show cause notices were issued proposing recovery of the wrongly availed credit along with interest and penalty. The demands were confirmed with interest and equal penalty under Rule 15(2) of CCR, 2004 read with Section 11 AC of the Central Excise Act, 1944. The appellants then filed appeals before the Ld. Commissioner (Appeals), who rejected their appeals, leading to the present appeals.

The appellant's representative argued that the 'GTA Service' used for exporting goods satisfied the definition of 'input service' as per Rule 2(l) of the CCR, 2004, as the condition of sale was on a Free on Board (FOB) basis. The representative referenced the decision of the Hon'ble High Court in the case of Commissioner vs. Dynamic Industries Ltd. 2014 (307) ELT 15 (Guj.) to support the argument. On the other hand, the Authorized Representative for the Revenue reiterated the findings of the Ld. Commissioner (Appeals).

The Member (Judicial) analyzed the situation and found that the Service Tax paid on 'GTA Service' used for exporting goods fell within the scope of 'input service' as defined under Rule 2(l) of the CCR, 2004. The Member relied on the precedent set by the Hon'ble Gujarat High Court in the case of Dynamic Industries Ltd., where it was established that in the case of goods exported on FOB basis, the place of removal is at the place of export, i.e., the port. Therefore, the credit availed on all export-related services was deemed admissible. Consequently, the impugned orders were set aside, and the appeals were allowed with any consequential relief as per the law.