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2018 (7) TMI 921 - AT - Service TaxReverse Charge Mechanism - GTA Services - Benefit of N/N. 32/2004-ST dated 03.12.2004 and N/N. 12/2003-ST dated 20.06.2003 - CBEC vide Circular No.B1/6/2005-TRU dt. 27.07.2005 - Held that - CBEC vide Circular No.B1/6/2005-TRU dt. 27.07.2005 clarified that the declaration as required under Notification No. 32/2004-ST dated 03.12.2004 can be made on the letterhead of the transport company - Hon ble Gujarat High Court at Ahmedabad in the case of Commr. Of C.Ex, Cus & Service Tax vs. Neral Paper Mills Pvt. Ltd. 2010 (9) TMI 297 - GUJARAT HIGH COURT have dismissed the Revenue s appeal and held that order denying the benefit of N/N. 32/2004-S.T., dated 3-12-2004 is not correct in law - demand set aside - appeal allowed - decided in favor of appellant.
Issues Involved:
- Benefit of exemption under Notification No.32/2004-ST dated 03.12.2004 and Notification No.12/2003-ST dated 20.06.2003 for service tax on Goods Transport Agency (GTA) services. Detailed Analysis: Issue 1: Benefit of Exemption under Notification No.32/2004-ST dated 03.12.2004 - The appellant, a manufacturer of aerated beverages, availed services of Goods Transport Agencies (GTA) for transportation of goods. The liability of service tax on GTA services falls under the reverse charge mechanism. - The appellant is registered with the service tax authorities and claimed the benefit of Notification No.32/2004-ST dated 03.12.2004, which exempts a portion of the service tax payable on the gross amount charged by GTA. - The exemption under this notification is subject to conditions, including not availing credit of duty on inputs or capital goods used for providing the taxable service and not availing benefits under Notification No.12/2003-ST dated 20.06.2003. Issue 2: Compliance with Exemption Conditions - The appellant submitted certificates from transporters stating that they did not avail credit on duty paid on inputs or capital goods and did not avail benefits under Notification No.12/2003-ST dated 20.06.2003. - The department requested consignment notes for verification, but the appellant provided certificates from transporters/truck owners instead. - The Circular No.B1/6/2005-TRU clarified that the declaration required under Notification No.32/2004-ST dated 03.12.2004 can be made on the transport company's letterhead. - The Tribunal cited precedents, including the case of Commr. Of C.Ex, Cus & Service Tax vs. Neral Paper Mills Pvt. Ltd., where the Gujarat High Court dismissed the Revenue's appeal based on compliance with exemption conditions. Conclusion: - The Tribunal set aside the impugned order and allowed the appeal, following the decisions of superior courts and finding no infirmity in the orders passed by the authorities below. - The appellant successfully demonstrated compliance with the conditions for availing the exemption under Notification No.32/2004-ST dated 03.12.2004, leading to the favorable outcome of the appeal.
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