Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/Case Laws/2012-13/1477

Whether credit of loading and unloading service at the transhipment point after removal from factory gate admissible?

Case:- HINDUSTAN NATIONAL GLASS & INDUS. LTD. Versus COMMR. OF C. EX., ROHTAK
 
Citation:- 2013 (288) E.L.T. 408 (Tri.-Del.)
 
Brief Facts:-The appellant are manufacturer of glass bottles in their factory at Bahadurgarh. The goods after clearance from the factory on payment of duty are transferred at their transshipment point at Mundka/Tikri Village, New Delhi from where the goods were sold. In terms of communication with the appellant, the place of removal of finished goods is the factory gate at Bahadurgarh. The appellant were availing services of manpower supply for loading and unloading of finished goods at Mundka in respect of which they took Cenvat credit during the period from May, 2006 to March, 2009. The Department was of the view that this service availed at transshipment point after the removal of the goods has no nexus with the busi­ness of the appellant. Accordingly, a show cause notice was is­sued for denial of Cenvat credit, its recovery along with interest and imposition of penalty. The show cause notice was adjudicated by the Assistant Commis­sioner- vide order-in-original by which he confirmed the Cenvat credit demand along with interest and imposed penalty of equal amount on the appellant under Rule 15 of Cenvat Credit Rules, 2004. On appeal being filed be­fore Commissioner (Appeals), the Commissioner (Appeals) upheld the order of Assistant Commissioner. Against this order, this appeal has been filed.
 
Appellant Contentions:-The Appellant submitted that the service of unloading and loading of the finished goods at trans­shipment point at Mundka/Tikri Village is an activity relating to business of the appellant; that therefore, it is covered by the definition of 'Input Service"; that the value of loading and unloading charges at transshipment point is included in the value of the goods on which duty has been paid; that in this regard, the ap­pellant have produced a Chartered Accountant's certificate and that in view of this, the impugned order denying Cenvat credit in respect of manpower supply service at the transshipment point is not correct. Shri Kumar further pleaded that Cenvat credit demand is time-barred except for a small amount for the period from Jan., 2009 to February, 2009 as the show cause notice was for the period from May, 2006 to March, 2009 and there was no wilful mis­statement or suppression of fact on the part of the appellant. He also pleaded that during the period of dispute the main definition of 'input service' covered services in relation to clearances of the goods from the place of removal and therefore, the service in question, availed off the removal after the removal of the goods is covered by the definition of 'input service'. He, therefore, pleaded that the impugned order denying Cenvat credit in respect of manpower supply ser­vice received at their transshipment point is not correct.
 
Respondent Contentions:-The Respondent has pleaded that services, in question, has been received after clearance from the factory, that as per the appellant's own admission the place of removal is the factory gate; that loading and unloading of the finished goods at the transshipment point after removal of the finished goods from place of removal has no nexus with the business activity of the appellant; that the manufacturing business activity relating to the business which is to be inclusive of part definition of 'input service' covers only the activity relating to the manufacturing business; that the Cenvat credit has therefore been correctly denied, and that hence there is no infirmity in the impugned order.
 
Reasoning of Judgment:-We have considered the submissions from both the sides and perused the records. In this case, there is no dispute about the fact that 'place of removal' of the goods is the factory gate, as the appellant have admitted this fact in their communication to the Department. The service of manpower supply for loading and unloading of finished goods at the transshipment point has been availed af­ter removal of goods to the transshipment point. In my view, this service has no nexus with the manufacturing business of the appellant. As held by the Hon'ble Bombay High Court in the case of Ultratech Cement reported in 2010 (260) E.L.T. 369 (Bom.) = 2010 (20) S.T.R. 577 (Bom.), the term 'activity relating to the busi­ness' in the definition of 'input service' covers only the activity relating to manu­facturing business and not the activity relating to trading. In this case, the man­power supply is for loading and unloading of the finished goods after removal of the goods from the factory gate and there is no dispute that it is the factory gate which is the place of removal. Moreover, no invoices have been produced to show that duty had been paid on the value which included the expenses at the transshipment point. Tribunal is, therefore, of the view that Cenvat credit has been cor­rectly denied. As regards the plea of time-bar, the appellant has submitted that as there is no suppression of fact on their part and that they had declared the availment of Cenvat credit in respect of unloading and loading charges at transship­ment point in respect of finished goods in the ER-1 returns. This plea is not ac­ceptable as the ER-1 returns have not been produced to show that availment of Cenvat credit in respect of services availed at transshipment point after removal of the goods had been specifically disclosed in the ER-1 return. Tribunal, therefore, do not find any infirmity in the impugned order. The appeal is dismissed.
 
Decision:-Appeal is dismissed.
 
Comment:-The substance of this case is that credit cannot be availed of the services that are taken after removal of goods from the factory.

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com