2016 (5) TMI 889 - AT - Service Tax

Appellate Tribunal allows CENVAT credit on various services with conditions

M/s. Servall Engineering Works Pvt. Ltd. Versus CCE, Salem

M/s. Servall Engineering Works Pvt. Ltd. Versus CCE, Salem - TMI Issues: Disallowance of service tax credit on cell phone service, courier service, travel agent service, and telephone charges.In the judgment delivered by the Appellate Tribunal CESTAT CHENNAI, the appellant argued for the allowance of CENVAT credit on services like cell phone operator service, courier agency service, travel agency service, and telephone service provider, stating that these services were utilized in relation to both manufacturing and commercial activities. The Tribunal acknowledged the possibility of these services being used for such purposes and allowed the CENVAT credit claimed on service tax paid for cell phone, courier, and telephone operator services.However, concerning the travel agency service, the appellant failed to provide sufficient explanation regarding its utilization and purpose, specifically whether it was related to manufacturing activity. As a result, the Tribunal remitted this particular issue back to the adjudicating authority for further examination. The authority was directed to seek evidence demonstrating the use of the travel agency service in taxable or manufacturing activities. A reasoned order was to be passed based on the evidence provided, and the appellant was granted a reasonable opportunity for a hearing in this regard.Ultimately, both appeals were disposed of based on the above considerations, with the decision allowing CENVAT credit on certain services while requiring further clarification and evidence for the travel agency service before reaching a final determination.