2008 (6) TMI 4 - AT - Service Tax

Tribunal Allows Credit for Rent-A-Cab Service Tax Paid

COMMISSIONER OF CENTRAL EXCISE, NASIK Versus CABLE CORPORATION OF INDIA LTD

The Tribunal upheld the Commissioner(Appeals) decision to allow credit for Service Tax paid by a Rent-A-Cab Scheme Operator, amounting to Rs.59,706/-. It ... Availability of Cenvat Credit on Rent-a-Cab Service as an Input Service related to business - Rule 2(l) of Cenvat Credit Rules,, 2004 - Input Service - It is very clear that the input services besides being used in or in relation to the manufacture of final products and clearances of final products from the place of removal includes a plethora of other services which are eligible as Input Services. The scope of definition is wide enough and credit allowed. Issues:1. Denial of credit for Service Tax paid by Rent-A-Cab Scheme Operator.2. Interpretation of the definition of Input Service under Cenvat Credit Rules, 2004.3. Applicability of Rent-a-Cab service as an input service for manufacturing business.Analysis:1. The case involved the denial of credit amounting to Rs.59,706/- for Service Tax paid by a Rent-A-Cab Scheme Operator from May 2006 to March 2007. The Deputy Commissioner disallowed the credit, imposed interest recovery, and a penalty under Rule 15 of Cenvat Credit Rules, 2004.2. The Commissioner(Appeals) referred to the definition of Input Service under rule 2(l) of CCR, 2004, which includes services used directly or indirectly in or in relation to the manufacture of final products. The definition also covers activities like setting up, modernization, renovation, repairs of a factory, advertisement, sales promotion, market research, storage, procurement of inputs, and business-related activities. The Tribunal emphasized that the inclusive part of the definition expands the scope beyond direct manufacturing activities.3. The Revenue argued that services must be directly related to manufacturing or clearance of final products to qualify as input services. They contended that providing conveyance to employees does not contribute to production or clearance activities. However, the Tribunal noted that Rent-a-Cab service for bringing employees to the factory indirectly supports the manufacturing process and promotes business efficiency. The Tribunal cited precedents where services like telephone installations and repair services were considered eligible for credit, supporting the broader interpretation of input services.4. The Tribunal held that the Rent-a-Cab service, essential for bringing employees to the factory located in a remote area, qualifies as an activity indirectly related to manufacturing or business promotion. The Tribunal emphasized that the definition of input services under Cenvat Credit Rules encompasses a wide range of services beyond direct manufacturing activities. Therefore, the Commissioner(Appeals) decision to allow the credit was upheld, rejecting the Revenue's appeal.In conclusion, the Tribunal's judgment clarified the interpretation of input services under Cenvat Credit Rules, emphasizing the inclusive nature of the definition and the indirect support services can provide to manufacturing activities. The decision highlighted the importance of considering activities that promote business efficiency and support manufacturing processes when determining eligibility for credit.