GE India Industrial (P) Ltd. Vs. Commissioner of Service Tax – Bangalore, Appeal No: ST/2134 OF 2010, Date of Order: 23.01.2013, CESTAT - Bangalore Issue: Whether CENVAT credit can be utilized for payment of Service Tax under Reverse Charge? The assessee was a manufacturer of electrical goods. For bringing raw material into their factory and transportation of the finished goods from the factory, assessee used GTA service provided by various transporters. The CENVAT credit of the service tax paid on input services was taken by the assessee and utilized for payment of service tax on GTA service in the reverse charge mechanism. The department objected that service tax on STA is required to be paid in cash. On appeal before CESTAT, the CESTAT observed that the facts of the instant case are similar to the view taken by the Hon’ble High Court in the case of CCE v Nahar Industrial Enterprises Ltd. (Punj. & Har) in which the High Court gave its decision in the favor of assessee. Therefore, in the instant case binding by the order of High Court the CESTAT gave its decision in favor of assessee. (Please click h
Posted on: Mon, 01 Jul 2013 04:51:46 +0000
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