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2020 (4) TMI 6 - AT - Service TaxCENVAT credit - input services - Container Cleaning - Washing of Unloaded Containers - pest control services - GTA services - Credit availed on documents not in the name of the Appellant - Payment of Service Tax on Bank Charges - Input Service used after clearing final products - Port/logistics Services and Porter Coolie charges. Container Cleaning - Washing of Unloaded Containers - HELD THAT - These costs are included in landed cost of imported material and accordingly expenses are under the purview of input service - Credit allowed. Pest control services - HELD THAT - The said service is required to save the raw materials and finished goods from various pests and also to protect the workers health - Credit allowed. GTA Services - HELD THAT - hen there is no dispute regarding the payment of the Service Tax and when there is no loss of revenue to the exchequer, the benefit of Cenvat credit should not be denied to the appellant for procedural infractions - credit allowed. Credit availed on documents not in the name of the Appellant - HELD THAT - The issue is not contested. Payment of Service Tax on Bank Charges - HELD THAT - Since the assessee have availed credit on the basis of self-prepared documents on the debit note, the credit on this account cannot be allowed and the same is upheld - credit denied. Input Service used after clearing final products - HELD THAT - Issue not contested. Port/logistics Services and Porter Coolie charges - HELD THAT - The Porter and Coolie charges have been incurred regarding the transportation of the input materials. Similar is the case of Port/logistic services - credit allowed. Appeal allowed in part.
Issues involved:
1. Credit eligibility for container cleaning and washing of unloaded containers. 2. Credit eligibility for pest control service. 3. Disallowance of credit for GTA services. 4. Credit availed on documents not in the name of the appellant. 5. Payment of service tax on bank charges. 6. Input service used after clearing final products. 7. Service tax on port/logistics services and porter & coolie charges. Issue 1: Container Cleaning and Washing of Unloaded Containers The appellant argued that charges related to container cleaning and washing were mandatory logistic expenses incurred before returning containers to shipping lines, thus forming part of the landed cost of imported material and falling under input services. The Tribunal found merit in this argument, considering the charges directly related to the imported consignments loaded in containers. Therefore, credit for these services was held to be eligible. Issue 2: Pest Control Service The appellant contended that pest control services were essential to protect raw materials, finished goods, and workers' health, directly or indirectly related to manufacturing and business activities. The Tribunal agreed with this assertion, deeming the services eligible for credit as they were deemed necessary for the manufacturing process and worker safety. Issue 3: Disallowance of Credit for GTA Services While the adjudicating authority acknowledged the payment of tax on GTA services, they disallowed the credit due to procedural infractions regarding the payment of service tax directly to the government exchequer. The Tribunal disagreed with this decision, stating that as long as there was no loss of revenue and the service tax was paid, the appellant should not be denied Cenvat credit for procedural errors. Issue 4: Credit Availed on Documents Not in the Name of the Appellant The appellant did not contest the issue of credit availed on documents not in their name. Therefore, the Tribunal upheld the decision on this matter without further elaboration. Issue 5: Payment of Service Tax on Bank Charges The appellant claimed credit for service tax on bank charges based on self-prepared documents showing the tax as inclusive. However, since the credit was based on self-prepared documents and not official records, the Tribunal upheld the disallowance of credit in this regard. Issue 6: Input Service Used After Clearing Final Products The appellant did not contest the issue of input service usage after clearing final products. Consequently, the Tribunal upheld the decision on this matter without additional discussion. Issue 7: Service Tax on Port/Logistics Services and Porter & Coolie Charges The appellant argued that service tax paid on porter and coolie charges for transporting input materials, as well as on port/logistics services, should be eligible for Cenvat credit. The Tribunal agreed with this argument, stating that the credit for service tax on these charges related to input materials was permissible. In conclusion, the Tribunal set aside the impugned order regarding the first two issues, allowed credit for service tax on port/logistics services and porter & coolie charges, and upheld the decision on the remaining issues. The appeal was partially allowed in accordance with the Tribunal's findings.
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