2017 (1) TMI 662 - AT - Service Tax

GTA services - utilisation of cenvat credit account for payment of tax - prior to the period 19.04.2006, the assessee entitled to utilise cenvat credit account for payment of GTA service and post 19.04.2006, the demand was confirmed and penalties were imposed - Held that - the assessee has correctly utilised cenvat credit for payment on GTA service during the impugned period - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Utilization of cenvat credit for payment of GTA services.
2. Validity of demand and penalty imposed on the assessee.
3. Interpretation of relevant notifications and judgments regarding cenvat credit.

Analysis:
1. The case involved a dispute regarding the utilization of cenvat credit for payment of GTA services. The assessee had used cenvat credit to discharge their deemed services tax liability on GTA services, which was challenged by the authorities. The Ld. Commissioner (A) differentiated the period pre and post 19.04.2006, allowing credit utilization before and confirming demand and penalties after this date. The Tribunal referred to its earlier order and various judgments to establish that cenvat credit can indeed be used for GTA service tax payment.

2. The Tribunal considered the precedents and held that the issue was no longer res-integra, confirming that the assessee correctly utilized cenvat credit for GTA service payment during the disputed period. The Tribunal emphasized that the decision in a separate case involving ITC Ltd. was not applicable here due to different circumstances, as ITC was not engaged in manufacturing or providing output services, unlike the present assessee.

3. The Tribunal referred to Notification 10/2008-CE (NT) dated 01.03.2008 and previous judgments to support its decision in favor of the appellant. By following established precedents and considering the specific facts of the case, the Tribunal set aside the impugned orders, allowing both appeals and providing consequential relief to the appellants. The Tribunal concluded that no demand was sustainable against the assessee, thereby allowing the assessee's appeal and dismissing the Revenue's appeal.

In conclusion, the judgment resolved the issues by affirming the assessee's right to use cenvat credit for GTA service tax payment, considering relevant notifications, precedents, and the specific circumstances of the case. The decision provided clarity on the utilization of cenvat credit in such scenarios, ensuring compliance with the applicable laws and regulations.