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2019 (2) TMI 677 - AT - Service TaxCENVAT Credit - GTA Services for transportation of transmission line materials manufactured by them to their purchasers - period April 2008 to September 2009 - Held that - The issue involved in this appeal is identical to the issue involved in the appeals of the assessee in CC, CE & ST, HYDERABAD IV VERSUS VIJAY ELECTRICALS LTD. (VICE-VERSA) 2018 (10) TMI 1559 - CESTAT HYDERABAD , where it was held that Apex Court in various decisions has categorically held that CENVAT credit of the service tax paid on goods transport agency which are eligible to till 01.04.2008 and not for the subsequent period. Thus, appellant is not eligible to avail CENVAT Credit of the service tax paid on Goods Transport Agency Services, post 01.04.2008 and the demand was correctly confirmed along with interest - penalties are set aside - Appeal allowed in part.
Issues:
Appeal against Order-in-Appeal No. 01/2011(H-IV)/ ST, dated 31.01.2011 regarding availing CENVAT Credit on service taxes paid under "Goods Transport Agency Service" for transportation of transmission line materials. Identical issue previously decided by the Tribunal. Eligibility of CENVAT Credit pre and post 01.04.2008. Analysis: 1. The appellant availed CENVAT Credit on service taxes paid under "Goods Transport Agency Service" for transporting transmission line materials. Lower authorities issued a show cause notice demanding service tax, interest, and penalties. The adjudicating authority and first appellate authority confirmed the demands. The appellant argued that a similar issue was previously decided by the Tribunal, which set aside the penalty in a different case involving the same appellant. 2. After considering submissions and records, the Tribunal found the issue to be identical to a previous case decided by the Tribunal. The previous case held that pre-01.04.2008, the appellant was eligible to avail CENVAT Credit on service tax paid under reverse charge mechanism for transport charges. The Tribunal cited relevant Supreme Court judgments supporting the appellant's position. Consequently, the demands, interest, and penalties for the period prior to 01.04.2008 were set aside. 3. However, for the period post 01.04.2008, the Tribunal upheld the lower authorities' findings that CENVAT Credit on service tax paid on Goods Transport Agency services was not eligible. Citing Apex Court decisions, the Tribunal rejected the appellant's appeal for this period, upholding the demands and interest but setting aside the penalties. The penalties were deemed unwarranted due to ongoing disputes regarding the taxability of GTA services. 4. In conclusion, the Tribunal held that the appellant was not eligible to avail CENVAT Credit on service tax paid on Goods Transport Agency Services post 01.04.2008. The demands were confirmed, interest upheld, and penalties set aside. The Tribunal invoked Section 80 of the Finance Act, 1994, to set aside the penalties due to the ongoing disputes on the taxability of GTA services. This detailed analysis of the judgment covers the issues involved in the appeal comprehensively, highlighting the Tribunal's findings and the legal principles applied in deciding the case.
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