2010 (1) TMI 487 - AT - Service Tax

Cenvat Credit - The lower authorities have disallowed CENVAT credit of Rs. 56,854 to the appellant in respect of the service tax paid on the cost of loading of excisable goods in the factory for outward transportation and the cost of its unloading at the customer s site. Revenue denied credit on the ground that assessee had failed to satisfy conditions stipulated in Circular No. 97/8/2007-ST, dated 23.08.2007. However, it was found that freight charges as well as loading and unloading charges were included in assessable value of goods and duty of excise was paid accordingly. And that sale was completed only upon delivery of goods at buyer s premises. Held that - since assessee had fulfilled all conditions stipulated in Board s Circular, it had made out a prima facie case for waiver of pre-deposit.

Summary

Issues:
Disallowed CENVAT credit on service tax for loading and unloading activities.

Analysis:
The appellant was denied CENVAT credit of Rs. 56,854 for service tax paid on loading and unloading of excisable goods. The dispute revolved around whether these activities qualified as "input service" under rule 2(l) of the CENVAT Credit Rules, 2004. The revenue contended that it did not qualify, while the appellant argued otherwise, citing a precedent. The loading/unloading agency was registered for service tax payments, which were accepted by the department without dispute. The Tribunal's Larger Bench decision in ABB Ltd. v. CCE&ST supported the appellant's claim. The revenue referred to a circular requiring specific conditions to be met for claiming CENVAT credit on such services.

After reviewing the submissions, it was found that the loading/unloading agency had paid service tax for the services provided to the appellant. The key question was whether these services qualified as 'input service' under rule 2(l). Any taxable service used directly or indirectly in the manufacture or clearance of excisable goods is considered an 'input service.' The outward transportation of goods was acknowledged as an 'input service,' and the appellant was allowed CENVAT credit for GTA service used for transportation. As the loading/unloading activities were integral to the transportation process, they should also be considered 'input services' if certain conditions were met, as per the Board's circular. The conditions included ownership of goods, responsibility for transit damage, and freight charges being part of the goods' price, all of which seemed to be fulfilled by the appellant in this case.

Consequently, the appellant's right to claim CENVAT credit on loading and unloading services was upheld. The pre-deposit was waived, and recovery of duty and penalty amounts was stayed.