2017 (10) TMI 1050 - AT - Central Excise

CENVAT credit - outward transportation service - denial on the ground that as the appellant is delivering goods at specified rates and paying duty under Section 4A therefore on outward transportation they are not entitled to avail CENVAT credit - Held that - the issue has already been settled by the Hon ble Karnataka High Court in the case of Madras Cements Ltd. 2015 (7) TMI 1001 - KARNATAKA HIGH COURT wherein it has been held that although goods have been sold at specified rates but if goods are delivered as per the agreement at the place of buyer the assessee is entitled to avail CENVAT credit on outward transportation service - credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
Appeal against denial of CENVAT credit on outward transportation service based on delivery location and specified rates.

Analysis:
The appellant contested the denial of CENVAT credit on outward transportation service, arguing that a precedent set by the Hon'ble High Court of Karnataka in a previous case supported their entitlement to the credit when delivering goods at the buyer's address. Conversely, the respondent relied on a decision by the Tribunal in a different case to assert that CENVAT credit is not available when goods are sold at specified rates. The Tribunal examined both arguments and referred to previous decisions involving Ultratech Cement Ltd. and Hero Motocorp Ltd. to provide context.

Upon reviewing the records, the Tribunal noted that the decision in Carl Bechem Lubricants Pvt. Ltd. was based on the Ultratech Cement Ltd. case, which had been overturned by the Hon'ble High Court of Chhattisgarh. The High Court's ruling emphasized that the presumption that the place of removal is the factory gate in cases where duty is charged at specified rates is incorrect. Additionally, the Tribunal found that the decision in Hero Motocorp Ltd. was reliant on Ultratech Cement Ltd., making it not a sound legal precedent.

Further, the Tribunal referenced the judgment of the Hon'ble Karnataka High Court in the case of Madras Cements Ltd., which highlighted that the passing of title of goods occurred only upon delivery to the buyer's address. The High Court concluded that the appellant was entitled to CENVAT credit on outward transportation service even after a specific date, emphasizing the importance of delivery location in determining credit eligibility.

Based on the legal precedents and interpretations discussed, the Tribunal ruled in favor of the appellant, stating that they had correctly availed CENVAT credit on outward transportation service as per the delivery terms. Consequently, the impugned order was set aside, and the appeal was allowed with any necessary consequential relief. The judgment was delivered in open court on 25/10/2017.