2008 (1) TMI 298 - AT - Service Tax

GTA Service as per Explanation provided u/r 2 (p) CCR, it shall be deemed to be output service - appellants, while paying service tax on GTA Service availed in connection with removal of their final product from factory, were doing so on an output service - so they were entitled to utilize credit of tax paid on the inputs GTA service, for payment of service tax on such service - disallowance of payment of Service Tax in respect of output service from the Cenvat account is not sustainable

Summary

Issues: Disallowance of Service Tax on output service from Cenvat credit, imposition of penalty, interpretation of the definition of "output service" under CENVAT credit Rules.

The judgment by the Appellate Tribunal CESTAT New Delhi, delivered by Vice President S.S. Kang, addressed the common issue of disallowance of Service Tax on output service from Cenvat credit. The appellant had filed appeals against the impugned order disallowing the demand of Service Tax. Additionally, in a related case, the Revenue had filed an appeal for the imposition of a penalty. The Tribunal referred to a previous decision in the case of India Cements Ltd. Vs. CCE, highlighting an Explanation to the definition of "output service" under Rule 2(p) of the CENVAT credit Rules, 2004. The Explanation clarified that if a person liable for paying service tax does not provide any taxable service but is liable to pay service tax on a service received, that service shall be deemed to be the output service. The Tribunal found that the appellants, although not providing a taxable service, were liable to pay service tax on GTA Service received in connection with the clearance of their product. Due to this Explanation, the GTA service received was deemed to be "output service," allowing the appellants to utilize the tax credit on inputs for payment of service tax. Consequently, the demand of service tax and the penalty imposed were set aside, and the appeal was allowed.

Based on the above decision and interpretation of the law, the disallowance of payment of Service Tax on output service from the Cenvat account was deemed unsustainable and set aside, leading to the allowance of the appeals. In the appeal filed by the Revenue, which sought an enhancement of penalty, the Tribunal rejected the appeal since the demand was found to be unsustainable. The judgment was dictated and pronounced in open court, providing a clear resolution to the issues raised regarding the interpretation and application of the CENVAT credit Rules in relation to the payment of Service Tax on output services.