2016 (12) TMI 22 - AT - Central Excise

Tribunal grants cenvat credit for insurance, courier, and telephone services

M/s J.K. Cement Works Versus CCE, Jaipur-II

M/s J.K. Cement Works Versus CCE, Jaipur-II - TMI Issues:Denial of cenvat credit for specific input services - insurance, courier, and telephone services.Analysis:The appeals were made against the Commissioner of Central Excise's order denying cenvat credit for specific input services totaling a significant amount. The dispute revolved around the eligibility of the appellants, engaged in cement and clinker manufacturing, for cenvat credit on tax paid for insurance, courier, and telephone services. The Revenue argued that these services were not covered under 'activities relating to business' as per an amending notification, excluding them from credit eligibility. The original authority upheld this view and imposed penalties on the appellants.Upon hearing both sides, the Tribunal examined the nature of the services in question. The appellants had availed insurance services to cover machinery and stock, courier services for business-related deliveries, and telephone services for business communication. The Tribunal found the Revenue's argument, based on the amending notification, legally untenable. It rejected the notion that the exclusion of these services was clarificatory and should apply retrospectively. Previous tribunal decisions supported the appellants' position, allowing credit for similar services.The Tribunal referenced various tribunal decisions and a High Court ruling to emphasize the broad scope of the definition of input services under the Cenvat Credit Rules. It highlighted that input services, directly or indirectly used in or related to manufacturing, are eligible for credit. Citing precedent, the Tribunal concluded that the impugned order denying credit was not legally sustainable. Consequently, the Tribunal set aside the order and allowed the appeals in favor of the appellants.In conclusion, the Tribunal's decision on the denial of cenvat credit for specific input services, namely insurance, courier, and telephone services, was in favor of the appellants engaged in cement and clinker manufacturing. The Tribunal deemed the Revenue's argument regarding the exclusion of these services as ineligible for credit legally untenable, emphasizing the broad interpretation of input services under the Cenvat Credit Rules. The Tribunal's ruling set aside the impugned order and allowed the appeals, providing relief to the appellants.