2015 (1) TMI 181 - AT - Service Tax

Waiver and Stay Granted on Cenvat Credit for Warranty Services

APPLICOMP INDIA LTD. Versus COMMISSIONER OF CENTRAL EXCISE, BANGALORE

The Tribunal granted waiver of pre-deposit and stay of recovery to the appellant in a case concerning the applicability of Cenvat credit on warranty ... Waiver of pre deposit - Warranty service - CENVAT Credit - Nexus with manufacturing activity - Held that:- As per the terms of relevant contract, the assessee was under obligation to repair and maintain the transformers manufactured and cleared by M/s. Danke Products and, hence, they were entitled to Cenvat credit on the said service rendered during the warranty period. It is also not out of place to mention that the warranty service was undisputedly one attached to the very sale/clearance of the equipments by the appellant. It can, therefore, be reasonably argued that the warranty services, though provided after the clearance of the goods from the factory, had a certain nexus with the sale/clearance of the goods itself. It is, therefore, arguable that the provision of warranty services by M/s. Videocon Industries Ltd. to the customers of the appellant in terms of the contract of sale between the appellant and their customers can be considered to be covered by the definition of ‘input service’ - Prima facie case in favour of assessee - Stay granted. Issues:1. Applicability of Cenvat credit on warranty services.2. Nexus between warranty services and manufacture/clearance of products.Analysis:1. The appellant sought waiver and stay against the adjudged dues, including Cenvat credit denied on warranty services for the period from April 2008 to March 2010. The adjudicating authority disallowed the credit, stating that the warranty services lacked a nexus with the manufacture and clearance of the appellant's products, thus falling outside the purview of 'input service' as per Rule 2(l) of the Cenvat Credit Rules, 2004.2. The appellant relied on Tribunal decisions supporting their claim of Cenvat credit, citing Commissioner of Central Excise, Nasik v. Mahindra & Mahindra Ltd. and Stay Order No. S/580/2012/EB/C-II in the case of MIRC Electronics Ltd. The learned Commissioner (AR) argued against the claim, emphasizing the absence of a requisite nexus between warranty services and the manufacture/clearance of products from the appellant's factory, especially when provided by a third party beyond the date and place of clearance.3. The Tribunal, after considering the submissions, decided to follow the ratio of the decision in Mahindra & Mahindra Ltd. case. It was noted that warranty services attached to the sale/clearance of goods had a nexus with the sale itself, entitling the appellant to Cenvat credit. The provision of warranty services by a third party to the appellant's customers under the contract of sale was deemed to fall within the definition of 'input service.' Consequently, the Tribunal granted waiver of pre-deposit and stay of recovery based on the prima facie view of the matter.This judgment clarifies the interpretation of 'input service' in the context of warranty services provided by a third party and the nexus required for claiming Cenvat credit. The decision underscores the importance of a direct link between the service and the sale/clearance of goods to determine eligibility for credit, as evidenced by relevant contractual obligations and the nature of the services provided.