Sakthi Sugars Ltd. Vs. Commissioner of Central Excise, Salem - Court Judgment

SooperKanoon Citationsooperkanoon.com/941715
CourtCustoms Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided OnNov-09-2009
Case NumberAppeal No.S/137 of 2008
Judge THE HONOURABLE MS. JYOTI BALASUNDARAM, VICE PRESIDENT
AppellantSakthi Sugars Ltd.
RespondentCommissioner of Central Excise, Salem
Advocates:Shri M.N.Bharathi, Advocate. Shri T.H.Rao, SDR
Excerpt:
the issue involved in the present appeal is whether cenvat credit can be utilized for discharging service tax due on gta service. 2. on hearing both sides, i note that this issue stands settled in favour of the assessees by series of decisions of the tribunal including that in the case of india cements ltd. vs cce salem [2008 (223) elt 78] which has been followed in pallipalayam spinners pvt. ltd. vs cce salem [2008 (9) str 544]. following the ratio of the above decisions, i set aside the impugned order upholding the demand of service tax and education cess together with interest and imposing penalties, and allow the appeal.
Judgment:

The issue involved in the present appeal is whether CENVAT credit can be utilized for discharging service tax due on GTA service.

2. On hearing both sides, I note that this issue stands settled in favour of the assessees by series of decisions of the Tribunal including that in the case of India Cements Ltd. Vs CCE Salem [2008 (223) ELT 78] which has been followed in Pallipalayam Spinners Pvt. Ltd. Vs CCE Salem [2008 (9) STR 544]. Following the ratio of the above decisions, I set aside the impugned order upholding the demand of service tax and education cess together with interest and imposing penalties, and allow the appeal.