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Rent-a-cab Controvery begins

CA Akash Phophalia
CENVAT Credit Denied for Rent-a-Cab Services in Apollo Tyres Case Due to Exclusion of Non-Capital Goods Vehicles. In the case of Apollo Tyres vs Commissioner of C.Ex. and St., Vadodara-II, the court ruled that service tax paid on rent-a-cab services used for transporting officials and guests to and from factory premises qualifies for CENVAT credit, as these services are business-related. However, the law excludes such services from being considered as input services if they involve renting a motor vehicle that is not capital goods. Consequently, CENVAT credit for service tax on such services is not available, highlighting a discrepancy between business-related services and the definition of input services. (AI Summary)

In a recent case law Apollo Tyres vs Commissioner of C.Ex. and St., Vadodara-II [2015 (2) TMI 976 - CESTAT AHMEDABAD] it was held that service tax paid on rent-a-cab services used for transporting of officials and guests to and from the factory premises is allowed as CENVAT credit. It was further relied that these services are in relation to business and hence CENVAT is available.

The law speaks differently for Input services and the definition of Input service specifically excludes services provided by way of renting of a motor vehicle, in so far as they relate to a motor vehicle which is not a capital goods. Once the service is not input service, CENVAT credit of service tax paid on such service is not available.

This is just an information for your reference. It does not constitute our professional advice or recommendation of firm.

CA Akash Phophalia

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