2012 (9) TMI 636 - AT - Central Excise

Duty paying document - cenvat credit of service tax in case of GTA service - Whether the credit can be allowed on the basis of debit entry in the Cenvat credit account Held that - Payment of Service tax was not made through challan instead the payment was made through debit entry in the Cenvat credit account and the debit entry in the Cenvat credit account was made on the basis of LR i.e. Lorry receipt received by the respondents from the transporter - LR has all the details showing the name of consignor and consignee, serial number and in the note below it is stated that the Service tax to be paid by the consignee. Therefore, the details mentioned in the LR provided all the required information - cenvat credit allowed

Summary

Issues:
Appeal against disallowance of credit on GTA service received for inward transport based on debit entry in Cenvat credit account.

Analysis:
1. The appeal was filed by the Revenue against the Order-in-Appeal passed by the Commissioner of Central Excise, Jaipur, which set aside the original order disallowing credit to the respondent. The respondent, engaged in manufacturing man-made yarn, had paid Service tax on GTA service through Cenvat credit account. The department alleged that the credit was taken without proper cenvat documents as per Rule 9(1) of Cenvat Credit Rules, 2004. The lower authority disallowed the credit and imposed a penalty, which was appealed by the respondent.

2. The main issue in question was whether credit could be allowed based on the debit entry in the Cenvat credit account without the required documents as per Rule 9(1). The Revenue argued that since the necessary documents were not available with the respondent, the credit should not be admissible. On the other hand, the respondent contended that the credit for Service tax paid on GTA service received for inward transport was allowable. The respondent cited various legal precedents to support their claim.

3. The Tribunal analyzed the cited legal precedents and found that a person liable to pay tax on goods transport agent service, who is not the actual service provider, can utilize credit for tax payment. In this case, the issue revolved around whether credit could be granted based on a debit entry in the Cenvat credit account without the specified documents. The Tribunal noted that the debit entry served as proof of Service tax payment by the respondent for inward transport. The LR received from the transporter contained all necessary details, including the requirement for the consignee to pay Service tax, thus fulfilling the criteria for credit under Rule 9(1).

4. Rule 9(1) of Cenvat Credit Rules, 2004 specifies documents for taking credit, including invoices, bills, challans, and certificates evidencing Service tax payment. The Tribunal concluded that the LR provided all required information for credit eligibility. As the payment was made through a debit entry in the Cenvat credit account based on the LR details, the Tribunal upheld the Commissioner (Appeals) decision to allow the credit to the respondent. Consequently, the departmental appeal was dismissed.

5. The judgment was pronounced by the Appellate Tribunal CESTAT, New Delhi, with detailed analysis and legal reasoning provided for the decision to uphold the allowance of credit to the respondent based on the debit entry in the Cenvat credit account supported by the LR details.