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The India Cement Ltd and Others Vs. Cce Trichy and Others - Court Judgment

SooperKanoon Citation
CourtCustoms Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided On
Case NumberE/467/2007 21/07, 02/04/2007, CCE(A) TRICHY
Judge
AppellantThe India Cement Ltd and Others
RespondentCce Trichy and Others
Advocates:For the Appearing Parties: MuthuVenkatraman, Advocate, M. Karthikeyan, Adv. M. Saravanan, Consultant, V.S. Manoj, Hari Radhakrishnan, K.Mani, Con, R. Raghavan, R. Parthasarathy, Con, K.S. Venkatagiri,
Excerpt:
.....(23) str 97 (kar.)] holding that transportation charges incurred by the manufacturer for clearance of final product from place of removal, upto 1.4.2008 are included in the definition of “input service”. 3. following the ratio of the above decision, we allow the appeals filed by various assessees and reject the appeals filed by the revenue. the cross-objections also get disposed of accordingly. 4. a copy of list showing the duty, penalty and the period involved in each appeal is appended as annexure to this order.
Judgment:

Per Jyoti Balasundaram      1. The common issue in dispute in all these appeals is as to whether transportation charges incurred by the manufacturer for clearance of final product from the place of removal are included in the definition of “input service” for eligibility to availment of CENVAT credit of service tax.

2. We have heard both sides. We find that this issue stands decided by recent decision of the Hon’ble Karnataka High Court in CCE and ST, LTU, Bangalore Vs ABB Ltd. [2011 (23) STR 97 (Kar.)] holding that transportation charges incurred by the manufacturer for clearance of final product from place of removal, upto 1.4.2008 are included in the definition of “input service”.

3. Following the ratio of the above decision, we allow the appeals filed by various assessees and reject the appeals filed by the Revenue. The cross-objections also get disposed of accordingly.

4. A copy of list showing the duty, penalty and the period involved in each appeal is appended as annexure to this order.


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