2008 (1) TMI 173 - AT - Central Excise

Issue involved is regarding the availment of the Service Tax Credit in respect of the Service Tax paid on the Goods Transport Agency servicing during 1-1-05 to 15-6-05 - whether assessee could avail the credit on the basis of the TR-6 Challan held that TR-6 Challan has to be considered as the proper document reflecting payment of duties because during disputed time no document has been prescribed under CCR for availment of service tax credit in respect of ST paid on GTA services

Summary

Issues:
1. Disallowance of Cenvat credit and Education Cess availed on TR-6 Challan.
2. Availment of Service Tax Credit on Goods Transport Agency servicing.
3. Validity of TR-6 Challan as a document for availing Cenvat credit.

Analysis:
1. The appeal was against the Order-in-Appeal allowing M/s. Crompton Greaves Ltd.'s appeal against disallowance of Cenvat credit and Education Cess on TR-6 Challan by the Deputy Commissioner of Central Excise. The respondents, manufacturers of electric fans, availed Cenvat credit on inputs, capital goods, and input services as per the Cenvat Credit Rules, 2004.

2. The main issue was the availment of Service Tax Credit on Goods Transport Agency servicing during a specific period. The eligibility for credit was not disputed, but the question was whether the respondents could use TR-6 Challan as a basis for availing the credit.

3. The J.D.R. argued that as per a Tribunal decision, prescribed actions must be followed strictly. However, the Member (T) found this argument misplaced as the Rules did not specify any document for availing Service Tax Credit during the relevant period. Referring to a previous Tribunal order, it was noted that if no specific document was mentioned, TR-6 Challan could be considered appropriate for reflecting duty payment, especially when there was no dispute about the payment of service tax by the respondents.

4. Ultimately, the Member (T) upheld the Commissioner (Appeals)'s order based on the previous Tribunal's decision, stating that the Revenue did not contest the specified document for availing credit during the relevant time. Therefore, the TR-6 Challan was deemed suitable, and the appeal filed by the Revenue was dismissed.