2017 (8) TMI 265 - AT - Central Excise

CENVAT credit - CHA service - denial on the ground that the services were rendered beyond the place of removal - Held that - the Tribunal in the case of Commr. of C.Ex., Raipur v. Bhilai Engineering Corporation Ltd. 2015 (12) TMI 1268 - CESTAT NEW DELHI dismissed the appeal on the identical issue, and held that these services were utilised for purpose of export of final products and exporters could not do business without them and hence service tax paid on these services availed till goods reached port was admissible and that the input service cannot be given restrictive meaning in view of means and includes used in definition in Rule 2(l) of CCR, 2004 - appeal dismissed - decided against Revenue.

Summary

Issues: Disallowance of Cenvat Credit on Service Tax paid on Customs House Agent Service for export beyond place of removal.

Analysis:
1. Issue of Disallowance of Cenvat Credit: The respondent, engaged in manufacturing iron & steel products, availed Cenvat Credit on Service Tax paid for Customs House Agent Service for export of final products. The adjudicating authority disallowed the credit, stating the services were beyond the place of removal. However, the Commissioner(Appeals) allowed the appeal, leading the Revenue to file this appeal.

2. Arguments of Revenue and Respondent: The Revenue reiterated the grounds of appeal, referring to Circular No.999/6/2015-CX clarifying the place of removal. On the other hand, the respondent's counsel relied on various case laws to support their position.

3. Tribunal's Decision: After hearing both sides and examining the appeal records, the Tribunal referred to the case of Commr. of C.Ex., Raipur v. Bhilai Engineering Corporation Ltd., where a similar issue was dismissed. The Tribunal emphasized that the place of removal for export goods is the port of shipment, not the factory gate. It was noted that CHA services were essential before goods were loaded onto the ship, making them eligible for Cenvat Credit. The Tribunal distinguished the case cited by the Revenue, stating it only provided a prima facie view and did not hold value as a precedent. Referring to the Gujarat High Court judgment, it was concluded that services utilized for export of final products were admissible for Cenvat Credit.

4. Final Decision: In light of the discussions and legal interpretations, the Tribunal dismissed the appeal filed by the Revenue, upholding the allowance of Cenvat Credit on the Customs House Agent Service for export of goods beyond the place of removal at the port of shipment.