2009 (10) TMI 553 - AT - Central Excise

Appeal allowed for Cenvat credit denial, remanded for evidence on mobile phone use in manufacturing

The appeal was allowed by way of remand as the appellant failed to establish a sufficient connection between the use of mobile phones and the manufacture ... Cenvat credit – input service – telephone service – mobile bill of employees paid by company - circular requires that a person claiming Cenvat credit on mobile phone service should show that the mobile phone was used for providing output service or used in or in relation to manufacture of finished goods - connection between the use of the mobile phones and the manufacture/clearance of goods need not be direct, it can be indirect also as permitted by the definition of 'input service' given under Rule 2(l) Issues: Denial of Cenvat credit on mobile phone service and imposition of penalty.Analysis:1. The lower authorities denied Cenvat credit of Rs. 34,223 to the appellant for the period from 4-1-2006 to 31-1-2007 in relation to mobile phone service and imposed an equal penalty. The denial was based on the lack of nexus between the use of mobile phones and the manufacture or clearance of excisable goods.2. The appellant contended that the mobile phones were supplied to employees for official purposes, and all phone bills were paid by the company. However, the authorities found no evidence proving the connection between mobile phone usage and manufacturing activities. The appellant cited the definition of 'input service' under the Cenvat Credit Rules, a circular by the Board, and relevant case law to support their claim.3. The Judicial Member noted that the appellant failed to provide sufficient evidence before the adjudicating authority. The Board's circular from 2007 required that mobile phones be used for providing output services or in relation to the manufacture of finished goods to claim Cenvat credit. The burden of proof lies on the claimant to establish this connection, which the appellant failed to do.4. In light of the lack of evidence presented, the Member set aside the lower authority's orders and allowed the appeal by way of remand. The case was directed back to the original authority for a fresh adjudication, providing the appellant with an opportunity to present evidence connecting mobile phone usage to the manufacture or clearance of goods. The connection need not be direct but can be indirect as per the definition of 'input service.'This detailed analysis summarizes the legal judgment regarding the denial of Cenvat credit on mobile phone service and the subsequent remand for further evidence presentation and adjudication.