Supreme Court Directs Preventive Detention to Curb Illegal Mining in Chambal Sanctuary  ||  SC: Courts Must Frame Points For Determination and Give Reasoned Judgments in Ex Parte Cases  ||  Supreme Court: Clause Saying ‘Can Be Settled By Arbitration’ Does Not Mandate Arbitration  ||  SC: Employees Appointed Without Advertisement or Interview Cannot be Regularised  ||  Delhi HC: Non-Disclosure of Conflict By Andre Yeap Vitiates Arbitral Award in MSA Global Dispute  ||  Punjab & Haryana High Court: Arrest Memo Alone Not Final Proof of Arrest Time  ||  Rajasthan HC: Govt Department Cannot Terminate Outsourced Employee, Only Recommend Action  ||  Raj HC: HRA and Allowances Part of Deceased's Income for Motor Accident Compensation Calculation  ||  J&K& Ladakh HC: Executing Court Cannot Issue Levy Warrants While S.47 CPC Challenge is Pending  ||  J&K &L HC: Husband’s Girlfriend Not ‘Relative’ Under Sec 498A IPC, Cannot Be Prosecuted for Cruelty    

Essar Bulk Terminal Limited vs. C.C.E. & S.T.-Surat-i - (Customs, Excise and Service Tax Appellate Tribunal) (29 Aug 2022)

Cenvat Credit is allowed on dredging service received by the Appellant for construction of navigation channel

MANU/CS/0220/2022

Service Tax

In both the appeals, the common issue involved is that whether the dredging services received by the Appellant for dredging the navigation channel leading to its jetty on which cenvat credit has been availed falls under the purview of input service under Rule 2(l) of Cenvat Credit Rules, 2004.

The lower authorities have denied the cenvat credit in respect of dredging service to the Appellant on the ground that the land of jetty is owned by GMB, the channel developed by the EBTL is not for their exclusive use by the Appellant. Present tribunal in the Appellant's own case on these issues which are involved in the present case also and by giving a detail finding, relying on some judgments held that, the dredging service received by the appellant for construction of navigation channel is an input service and the credit was allowed.

It is undisputed fact that, the entire cost charged by the service provider to the Appellant only and the same was expenditure exclusively of the Appellant. As held by the Bombay High Court in Coca Coca Cola India Pvt. vs. Commissioner of Central Excise, the Appellant is entitled for cenvat credit on input service, dredging service. Accordingly, the impugned orders are set aside. Appeals allowed.

Tags :   CENVAT CREDIT  INPUT SERVICE  ENTITLEMENT

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved