Madras High Court Refuses to Entertain Plea Challenging Handing Over of Sceptre to Widow  ||  Mad. HC: Merely Smelling Alcohol in Breath Not Sufficient Ground to Attribute Contributory Negligence  ||  Del. HC: Central Govt.’s Circular Banning Sale and Breeding of 'Dangerous & Ferocious Dogs' Quashed  ||  Calcutta High Court: Notice Preventing Forest Dwellers from Entering Forest Lands Set Aside  ||  Del. HC: Proceed. Under SARFAESI Act and RDDB Act Can Continue Parallelly as They are Complimentary  ||  Ori. HC: Proper Infrastructure and Manpower Must be Provided by State to Forensic Labs  ||  Bom. HC: Trampoline Park in Lonavla Restrained from Using Trademark or Character of Mr. Bean  ||  Allahabad HC: In Execution Proceedings, Challenge Cannot be Made to Arbitral Award u/s 47 of CPC  ||  Mad. HC: Basic Structure of Consti. & Democracy Demolishes When Electors Gratified During Election  ||  Cal. HC: WB Government Directed to Finalise Minimum Wage of Tea Plantation Workers Within Six Weeks    

Phillips Carbon Black Limited VS C.C.E. & S.T.-Vadodara-ii - (Customs, Excise and Service Tax Appellate Tribunal) (29 Apr 2022)

Cenvat Credit is available in case of outward transportation for the services availed from the place of removal up to the customers place

MANU/CS/0095/2022

Service Tax

The issue involved in the present case is that whether the Appellant is entitled for cenvat credit in respect of outward GTA for period prior to 1st April, 2008.

The Appellant submits that from 1st April, 2008 in the main clause of the definition of the input service, the service related to removal of inputs was "from the place of removal", which was amended as "up to place of removal". Therefore, prior to 1st April, 2008 the cenvat credit on outward GTA was available.

Prior to 1st April, 2008, the services related to removal of the goods was "from the place of removal" which was replaced as amended with effect from 1st April, 2008 as "up to the place of removal". Therefore, the Cenvat Credit prima facie is available in case of outward transportation for the services availed from the place of removal up to the customers place. However, Board has prescribed certain conditions for allowing credit which need to be satisfied. Since the adjudicating authority has not verified the fact that, whether the said conditions of Board Circular have been complied with or not, the matter needs to be reconsidered.

Therefore, the impugned order is liable to be set aside and Appeal deserves to be remanded to the Adjudicating Authority for passing a fresh order after verifying the documents to ascertain that whether the appellant has fulfilled the condition as prescribed in the Board's Circular No. 97/8/2007-ST dated 23rd August, 2007.

Tags : CENVAT CREDIT   ENTITLEMENT   OUTWARD TRANSPORTATION  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved