Kerala HC Upholds Life Terms For Five, Acquits Two in Renjith Johnson Murder, Says TIP Not Needed  ||  Kerala HC Orders Emergency Electric Fencing at Tribal School to Address Rising Wildlife Conflict  ||  Madras HC: Arbitrator Can’t Pierce Corporate Veil to Bind Non-Signatory and Partly Sets Aside Award  ||  Calcutta HC: Post-Award Claim For Municipal Tax Reimbursement is Not Maintainable under Section 9  ||  Tripura HC: Tax Authorities Cannot Revive Repealed VAT Powers or Retain Deposits Without Law  ||  J&K&L HC: Obtaining a Passport is a Constitutional Right; Citizens Need Not Prove Travel Necessity  ||  Allahabad HC: Police Report in Non-Cognizable Offence is a Complaint; Accused Must Be Heard First  ||  Kerala HC: Hospitals Must Display Rates and Cannot Deny Emergency Care For Lack of Advance Payment  ||  Orissa HC: Convict’s Refusal to Appeal Through Legal Aid Must be Recorded in Writing  ||  SC Halts Deer Translocation From Delhi’s AN Jha Park And Orders a Probe into DDA Negligence    

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 2025 - All Rights Reserved