Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

Comments

Print   |    |  Comment

PJ/Case Law /2016-17/3401

Whether transportation of cement used for repair/renovation within the mines falls under the definition of input service?
Case:-COMMISSIONER OF CENTRAL EXCISE, JAIPUR Versus HINDUSTAN ZINC LTD.

Citation:-2014 (34) S.T.R. 609 (Tri. - Del.)

Brief facts:-This is an appeal filed by Revenue against Order-in-Appeal No. 230(KKG)CE/JPR-I/2010, dated 2-6-2010 passed by the Commissioner of Central Excise (Appeals), Jaipur-II.
The brief facts of the case are that M/s. Hindustan Zinc Ltd. (respondents) are manufacturer of lead, zinc and other metal concentrates falling under Chapter 26 of the Central Excise Tariff. They have availed credit of Service Tax paid on freight for procurement of cement under Goods Transport Agency service. It was the view of the department that cement is not eligible input and therefore freight charges paid for inward transportation of cement cannot be treated as input service utilised for manufacture of final product and as such, credit availed by the respondent is not admissible. Accordingly, show cause notice was issued to the respondent proposing recovery of credit amounting to Rs. 2,68,576/- and also proposing penalties on the respondent. Show cause notice was adjudicated by Deputy Commissioner vide order dated 16-10-2008 and Deputy Commissioner had demanded the Cenvat credit along with interest and also imposed equal amount of penalty on the respondent. The respondent filed appeal before the Commissioner of Central Excise (Appeals) who vide impugned order has allowed their appeal. Revenue has challenged the impugned order in the present appeal.

Appellant’s contention:-Ld. D.R. appearing for Revenue submits that credit has been availed by the respondent in respect of Service Tax paid under GTA services for bringing cement inside their premises. He submits that cement is not an eligible input for the respondent in this case and therefore the Service Tax paid on transportation charges is not admissible to the respondent. He submits that Commissioner (Appeals) has not appreciated the Cenvat Credit Rules in proper prospective and has set aside the Order-in-Original. He submits that Order-in-Appeal is bad-in-law and needs to be set aside.

Respondent’s contention:-Ld. Advocate for the respondent submits that cement is used in the mines of the respondent. During the course of mining of the ores huge cavities are created inside the mines. For filling these cavities, cement is used and without filling up the cavities it is difficult to perform further activity inside the factory. He submits that transportation charges were paid for bringing the cement inside the mines for the purpose of repair/renovation of these cavities. He submits that the mines are included in the factory area as a decision of Supreme Court in the case of Vikram Cement v. CCE - 2006 (197)E.L.T.145 (S.C.). He therefore submits that Revenue’s appeal is not maintainable.
Reasoning of judgment:-After hearing both the sides, the Tribunal found that input service has been defined under Rule 2(l) of the Cenvat Credit Rules means as “(i) used by a provider of taxable service for providing an output service or (ii) used by the manufacturer, whether directly or indirectly, in or in relation to the manufacture of final products and clearance of final products from the place of removal.” Further definition includes input service used in relation to setting up, modernization, renovation or repairs of the factory. As per the decision of the Supreme Court in the case of Vikram Cement the mines are to be treated as factory area. Therefore transportation of cement used for repair/renovation within the mines is very much under this definition of input services. Accordingly, the Tribunal did not find any infirmity in the finding of the Commissioner (Appeals) for allowing Cenvat credit in respect of GTA services for bringing the cement inside their factory. Accordingly, the Tribunal upheld the order-in-appeal and rejected the Revenue’s appeal.

Decision:-Appeal rejected.

Comment:-The gist of the case is that the assessee manufactured lead, zinc and other metal concentrates falling under Chapter 26 of the Central Excise Tariff. The assessee used cement for filling the cavities created inside mines. They availed input service credit of Goods Transport Agency service taken for bringing cement inside the mines for repair/renovation of cavities. It was held that mines can be treated as factory area in view of the decision of the Apex Court in the case of Vikram Cement [2006 (197)E.L.T.145 (S.C.)] - Rule 2(l) of Cenvat Credit Rules, 2004. Therefore, transportation of cement used for repair/renovation within the mines falls under the definition of input service and hence credit was made admissible.

Prepared by:-Praniti Lalwani
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