2018 (9) TMI 810 - AT - Central Excise

CENVAT credit - input service - GTA service for transportation of chemical sludge from the factory of the appellant - Held that - The fact is not in dispute that chemical sludge arising out of manufacturing process is a hazardous waste and its disposal / removal from the factory is not only required for smooth and hassle free manufacturing operations, but also for complying with the requirement of statutory pollution control norms - the service tax paid for transportation of such waste material should be considered as input service, for the purpose of availment of Cenvat benefit - credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
Availment of CENVAT Credit on service tax paid for transportation of chemical sludge.

Analysis:
The dispute in this appeal revolves around the availment of CENVAT Credit on service tax paid for the transportation of chemical sludge from the factory of the appellant. The authorities had denied the credit, citing that it did not conform to the definition of input service as per Rule 2(l) of the Cenvat Credit Rules, 2004.

The appellant argued that the transportation of chemical sludge, which is a hazardous waste arising from the manufacturing process, is essential for smooth operations and compliance with pollution control norms. The appellant contended that the service tax paid for such transportation should be considered an input service eligible for CENVAT Credit. The appellant drew parallels to a Supreme Court case where the benefit of exemption was extended to a product used in effluent treatment plant, emphasizing the importance of environmental concerns and pollution control in manufacturing processes.

The Tribunal, after considering the arguments presented, found no merit in the authorities' decision to deny the CENVAT Credit. The Tribunal set aside the impugned order and allowed the appeal in favor of the appellant, recognizing the necessity and integral nature of the transportation service for the manufacturing operations and environmental compliance.

In conclusion, the Tribunal's judgment highlights the importance of interpreting input services broadly in line with the essential requirements of manufacturing processes and environmental regulations. The decision serves as a reminder of the need to consider the broader implications of services essential for operations when determining eligibility for CENVAT Credit.