2018 (12) TMI 864 - AT - Service Tax

CENVAT credit - freight for outward transportation of goods from their factory to the buyer s premises - demand alongwith interest and penalty - Held that - The issue is no more res-entigra in view of the decision of the Hon ble Supreme Court of India in the case of Commissioner of Central Excise, Belgaum Vs. Vasavadatta Cement Ltd. 2018 (3) TMI 993 - SUPREME COURT , where it was held that From 01.04.2008, with the aforesaid amendment, the CENVAT credit is available only upto the place of removal whereas as per the amended Rule from the place of removal which has to be upto either the place of depot or the place of customer, as the case may be - credit allowed - appeal allowed - decided in favor of appellant.

Issues:
1. Irregular credit of Service Tax on freight for outward transportation.
2. Demand confirmation, interest imposition, and penalty under Sections 77 and 78 of the Finance Act, 1994.
3. Appeal against penalties and demand confirmation.
4. Interpretation of input service under Rule 2(l) of the Cenvat Credit Rules, 2004.
5. Application of the decision in Commissioner of Central Excise, Belgaum Vs. Vasavadatta Cement Ltd.
6. Definition of "input service" and its interpretation by the Full Bench of CESTAT.
7. Clarification on the meaning of "from the place of removal" and its implications on Cenvat credit.
8. Amendment to the rule regarding "from the place of removal" to "upto the place of removal."

Analysis:
1. The case involved the Appellant, engaged in manufacturing Aluminium Rolled products, facing a Show Cause Notice for irregular credit of Service Tax on freight for outward transportation of goods. The Adjudicating Authority confirmed a demand along with interest and penalties under Sections 77 and 78 of the Finance Act, 1994.

2. On appeal, the Lower Appellate Authority upheld the demand and interest but set aside the penalties. The Revenue appealed against the penalty setting aside, while the assessee appealed against the demand confirmation.

3. The Tribunal examined the issue in light of the decision in Commissioner of Central Excise, Belgaum Vs. Vasavadatta Cement Ltd. The interpretation of "input service" under Rule 2(l) of the Cenvat Credit Rules, 2004 was crucial, especially concerning services used in the manufacture and clearance of final products.

4. The Full Bench of CESTAT's interpretation of the rule highlighted the distinction between the first and second parts of the definition of "input service." The focus was on services used directly or indirectly in the manufacture and clearance of final products from the place of removal.

5. The Tribunal clarified that the expression "from the place of removal" had significance in determining the extent of Cenvat credit allowable on transportation of final products. The judgment emphasized the eligibility of credit up to the first point of transportation post the place of removal.

6. The Tribunal referenced the subsequent amendment to the rule, replacing "from the place of removal" with "upto the place of removal" from 1-4-2008. This change restricted Cenvat credit availability only up to the place of removal, impacting the interpretation of transportation charges in the context of the phrase "clearance from the place of removal."

7. Consequently, the Tribunal allowed the assessee's appeal and dismissed the Department's appeal, aligning with the Supreme Court's decision and the interpretation of "input service" in relation to transportation charges up to the place of removal. The appeals were disposed of accordingly.

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