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of <h1>Tribunal grants CENVAT credit for services in manufacturing, exempts Life Insurance & Tangible Goods renting. Penalties waived.</h1> <h3>John Deere India Pvt. Ltd. Versus Commissioner of Central Excise, Pune III</h3> John Deere India Pvt. Ltd. Versus Commissioner of Central Excise, Pune III - 2016 (41) S.T.R. 990 (Tri. - Mumbai) Issues:- Disallowance of CENVAT credit on various input services- Eligibility of CENVAT credit for services used in manufacturing activity- Disallowance of CENVAT credit on specific services like Life Insurance and renting of Tangible Goods- Imposition of penaltiesAnalysis:Issue 1: Disallowance of CENVAT credit on various input servicesThe appeals raised the question of disallowance of CENVAT credit on services such as air travel agencies, courier services, management maintenance & repair services, and others. The adjudicating authority confirmed the demands raised, disallowed the credit, and imposed penalties. The first appellate authority upheld the disallowance, leading to appeals before the tribunal.Issue 2: Eligibility of CENVAT credit for services used in manufacturing activityThe appellant argued that all the disallowed services were used in or in relation to the manufacturing activity. They provided detailed justifications for each service, demonstrating their relevance to the manufacturing process. The tribunal found that the services were indeed utilized in the factory premises and related to business activities like sales and marketing. Citing precedents, the tribunal held in favor of the appellant, allowing the CENVAT credit for the mentioned services.Issue 3: Disallowance of CENVAT credit on specific servicesRegarding specific services like Life Insurance and renting of Tangible Goods, the tribunal found that the portion of service tax paid on Life Insurance for family members of employees was ineligible for credit. However, the credit for services like renting of tangible goods was deemed eligible as they were directly related to the manufacturing process within the factory premises.Issue 4: Imposition of penaltiesAs the tribunal upheld the demand related to Life Insurance services for family members, it directed the adjudicating authority to calculate the exact amount involved and asked the appellant to discharge the service tax liability with interest. However, considering the genuine belief of the appellant in availing the credit, the tribunal decided not to impose penalties due to setting aside a major portion of the demand.In conclusion, the tribunal allowed the CENVAT credit for most of the disputed services, upheld the disallowance for Life Insurance services related to family members, and waived penalties due to the appellant's genuine belief.
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