2007 (9) TMI 119 - AT - Service Tax

Cenvat Credit GTA services received for clearance of product from factory is deemed output service by virtue of explanation u/r 2(p) Cenvat Credit Rules Hence cenvat credit can be utilized for payment of tax on such output service Revenue s appeal dismissed

Summary

Issues:
1. Interpretation of Cenvat credit rules regarding the eligibility to avail/utilize credit for payment of Service Tax on GTA Services.
2. Consideration of the assessees as persons liable to pay Service Tax.
3. Application of Rule 2(1)(d)(v) of the Service Tax Rules, 1994.
4. Definition of "Output Services" and "provider of taxable service."
5. Utilization of accumulated credit of duty paid on input services for paying duty on output services.
6. Validity of utilizing Cenvat credit for payment of Service Tax on output service.
7. Impact of Circular No. 345/4/2005-TRU issued by CBEC.
8. Comparison with previous Tribunal rulings on similar issues.

Analysis:
1. The Commissioner (A) set aside Orders-in-Original denying Cenvat credit for Service Tax on GTA Services, considering the assessees as liable to pay Service Tax. He interpreted Rule 2(1)(d)(v) of the Service Tax Rules, 1994, and the explanation to Rule 2(p) of the Cenvat Credit Rules, 2004, to treat such payments as output services eligible for credit utilization.

2. Revenue argued that the assessees, being manufacturers of excisable goods, were not providers of taxable services and thus ineligible for Cenvat credit. They contended that the assessees lacked Service Tax Registration for tax liability under Section 68(1) of the Finance Act, 1994, making the credit availed illegal.

3. The Tribunal considered previous rulings like The India Cement Ltd. v. CCE and CCE, Chandigarh v. M/s. Nahar Industrial Enterprises Ltd., where it was held that Cenvat credit can be used for payment of Service Tax on output services like GTA Services. The Tribunal dismissed Revenue's appeals based on these precedents.

4. The Tribunal noted that the Delhi and Chennai Benches had previously upheld the utilization of Cenvat credit for Service Tax on output services. Following the precedent set by these rulings and previous dismissals of Revenue appeals, the Tribunal found no merit in the current appeals and dismissed them.

5. The judgment emphasized the interpretation of Cenvat credit rules, the definition of output services, and the applicability of previous Tribunal decisions in similar cases. The Tribunal's decision was based on consistent rulings allowing Cenvat credit for payment of Service Tax on output services, such as GTA Services, in line with the legal provisions and precedents.