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2013 (2) TMI 137 - AT - Central ExciseDenial of CENVAT Credit - Service tax paid on Fumigation Charges and Testing and Inspection Agency Charges Services used in relation with export of goods - under Notification No.17/2009-ST, dated 07.07.2009 Held that - Following the decision in case of AMALGAMATIONS REPCO LTD (2011 (10) TMI 508 - CESTAT, CHENNAI) it is the undisputed policy of the Government not to burden the export goods with domestic taxes. The only way freeing export goods from domestic taxes can be ensured for the period relevant to these appeals is to allow credit of the service tax paid on the CHA and other services in respect of the export consignments so that the exporter would be compensated either by utilization of such credit for payment of other taxes or by taking refund when such utilization is not possible. Therefore, set aside the impugned order and allow the present appeal in favour of assessee
Issues:
1. Denial of credit of service tax on 'Fumigation Charges' and 'Testing and Inspection Agency Charges' in connection with export of goods. 2. Interpretation of input services for the manufacture of goods. 3. Harmonization between Section 37(2) of the Act and the CENVAT Credit Rules, 2004. 4. Policy of the Government not to burden export goods with domestic taxes. 5. Exemption of taxable services provided to exporters under Notification No. 17/2009-ST. Analysis: 1. The issue revolved around the denial of credit of service tax on 'Fumigation Charges' and 'Testing and Inspection Agency Charges' used in the export of goods. The lower appellate authority had denied credit based on the services being exempted for use in connection with export of goods under Notification No.17/2009-ST. However, the Tribunal's Final Order in a previous case highlighted conflicting decisions on the credit of service tax on CHA services, emphasizing the importance of not burdening export goods with domestic taxes to maintain competitiveness in the foreign market. 2. The Tribunal discussed the interpretation of input services for the manufacture of goods, citing a lack of harmonization between Section 37(2) of the Act and the CENVAT Credit Rules, 2004. It was noted that some decisions did not allow credit for services like CHA services, while others considered them as input services related to business activities of the assessees. The Tribunal emphasized the need to ensure that export goods are not burdened with domestic taxes and suggested providing exclusions for all services related to the export of goods to prevent taxation on such services. 3. The judgment referred to a case where the Hon'ble Karnataka High Court highlighted the definition of cargo handling service as a barrier to imposing service tax on services related to export cargo. The Court approved the decision not to levy service tax on export cargo and suggested extending similar exclusions to all services related to the export of goods. The Government's policy of exempting taxable services provided to exporters under Notification No. 17/2009-ST was also discussed as a means to ensure export goods are free from domestic taxes. 4. Following the precedent set in previous decisions like M/s.Amalgamations Repco Ltd & Ors and M/s.Tamil Nadu Newsprint and Papers Ltd., the current appeal was allowed, setting aside the impugned order and upholding the credit of service tax on CHA and other services in cases where the Department was in appeal. The judgment emphasized the importance of not burdening export goods with domestic taxes and ensuring exporters are compensated for taxes paid on services related to export consignments. This detailed analysis of the judgment provides insights into the issues surrounding the denial of service tax credit on specific charges related to the export of goods, the interpretation of input services, the harmonization of legal provisions, the government's policy on exempting taxable services for exporters, and the need to prevent the burdening of export goods with domestic taxes to maintain competitiveness in the global market.
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