2023 (1) TMI 1043 - AT - Central Excise

Cenvat Credit - Duty paying documents - Disallowance of part of CENVAT credit availed by the appellant on incurring of transportation charges paid to Indian Railways - HELD THAT - The appellant has led sufficient evidence with regard to the cenvat credit under dispute, that they have received the certified copy of RR in question given by the Railways and on the body of the RR, amount of service tax and cess is duly reflected. Further, it is found that the period under dispute is before August, 2014 when the Government issued notification to take care of the difficulty faced by the assessee, in view of the fact that Railways are issuing only a single copy of RR, which was deposited with the Railway at the time of delivery of the goods. Thus, during the relevant period, the practice was that the assessee retained one Xerox copy which was certified by the Railway staff. The benefit of cenvat credit under dispute is allowed - appeal allowed.

Issues: Disallowance of cenvat credit on transportation charges paid to Indian Railways.

Analysis:
1. Background and Facts: The appellant, a cement manufacturing company, availed cenvat credit on transportation charges paid to Indian Railways, which was disputed due to the service tax implications introduced by various Finance Acts and notifications.

2. Legal History: The service tax on transportation of goods by Government Railways was initially brought under the service tax net in 2006 and later expanded in 2009. The exemption on service tax was rescinded in 2010, leading to the final levy on transportation by Government Railways from April 2010. However, the service tax on transportation by Indian Railways remained suspended until September 2012.

3. Procedural Compliance: The appellant faced challenges in complying with the procedural requirements as Indian Railways issued only one copy of the railway receipt, causing discrepancies in evidencing payment of service tax. The appellant sought certificates from railway authorities to evidence service tax payment corresponding to authenticated photocopies of the railway receipt.

4. Regulatory Intervention: To address the procedural deficiency, a new clause was inserted in Rule 9(1) of the Cenvat Credit Rules in 2014, allowing the submission of a "Service Tax Certificate for Transportation of Goods" issued by Indian Railways along with photocopies of railway receipts.

5. Show Cause Notices: The department issued show cause notices proposing the reversal of cenvat credit availed by the appellant, citing non-compliance with Rule 9(1) of the Cenvat Credit Rules. The notices alleged availing and utilization of cenvat credit on transportation charges without proper documentation.

6. Adjudication: The show cause notices were adjudicated, leading to the confirmation of a small part of the proposed demand due to the appellant's inability to produce the STTG certificate despite submitting duly certified Xerox copies of railway receipts. Penalties were imposed under relevant rules.

7. Appellate Tribunal Decision: The appellant challenged the order, arguing that despite producing certified railway receipts reflecting service tax amounts, the benefit of cenvat credit was wrongly disallowed. The appellant highlighted the transitional period and the introduction of STTG facility in 2014 to address industry difficulties.

8. Final Ruling: The Tribunal considered the evidence provided by the appellant, noting the reflection of service tax on certified railway receipts. Given the transitional period and the issuance of STTG facility post-dispute period, the Tribunal allowed the benefit of cenvat credit, setting aside the impugned order and granting relief to the appellants. Consequential benefits were also awarded in accordance with the law.

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