2016 (2) TMI 20 - HC - Central Excise

Cenvat credit availed in respect of service tax paid on Goods Transport Agency Service in respect of outward transportation of the goods beyond the place of removal - CESTAT allowed the claim - Held that - This issue is covered by the judgment of Division Bench of this Court in case of Commissioner of Central Excise & Customs v. Parth Poly Wooven Pvt. Ltd. 2011 (4) TMI 975 - GUJARAT HIGH COURT wherein held outward transport service used by the manufactures for transportation of finished goods from the place of removal upto the premises of the purchaser is covered within the definition of input service provided in rule 2(l) of the Cenvat Credit Rules, 2004.

Summary

Issues:
Challenge to CESTAT order on Cenvat credit for outward goods transportation agency service.

Analysis:
The High Court addressed the challenge to the CESTAT order regarding Cenvat credit for outward goods transportation agency service. The key issue revolved around whether the CESTAT was justified in allowing the Cenvat credit availed by the respondent for service tax paid on Goods Transport Agency Service beyond the place of removal. The Court referred to a previous judgment by the Division Bench in a similar case, emphasizing that outward transportation is considered an input service. The Court highlighted that the expression 'includes' in the definition of input service should not limit the scope of the definition provided in the main body. The Court noted that the definition of 'input service' was amended, but refrained from making observations on post-amendment scenarios. It was concluded that outward transport service used by manufacturers for transporting finished goods up to the purchaser's premises falls within the definition of 'input service' under the Cenvat Credit Rules, 2004.

In conclusion, the Tax Appeal challenging the CESTAT order was dismissed by the High Court, affirming that the outward transport service utilized by manufacturers for transporting finished goods up to the purchaser's premises is covered under the definition of 'input service.' The judgment provided a detailed analysis of the interpretation of the definition of input service and emphasized that the legislative intent was not to limit the scope of the definition. The Court's decision was based on the understanding that outward transportation is an integral part of the manufacturing process and qualifies for Cenvat credit under the prevailing rules.