2008 (12) TMI 202 - AT - Service Tax

Tribunal grants waiver for service tax dispute on input services for soap manufacturing

ROHIT SURFACTANTS PVT. LTD. Versus COMMISSIONER OF C. EX., BHOPAL

The Tribunal granted a waiver of pre-deposit of service tax and penalty in an appeal challenging the denial of Cenvat credit for telephone/mobile service, ... Meaning and Scope of input services - The words - 'directly or indirectly in or in relation to the manufacture of finished products' - in the definition of 'input service' have to be given very wide meaning and would cover telephone service, courier service and insurance service, Since the inclusive part of the definition of 'input service' also covers - 'services used in relation to………. activities relating to business, such as accounting, auditing, financing…….' and since use of the words - 'such as' after 'services used in relation to activities relating to business' indicates that the list of services of this category is not exhaustive, the 'banking services' would also be covered by the definition of 'input service' - stay granted Issues:- Eligibility for service tax credit in respect of telephone/mobile service, banking service, general insurance service, and courier service.- Interpretation of the definition of 'input service' under Rule 2(1) of the Cenvat Credit Rules, 2004.- Whether the mentioned services are used directly or indirectly in or in relation to the manufacture of finished goods.- Assessment of the Tribunal's judgment in Keltech Energies Ltd. v. CCE, Mangalore regarding telephone services as input services.- Consideration of insurance services, banking services, and courier services as input services under the definition.Analysis:The case involved an application for waiver of pre-deposit of service tax and penalty, challenging an order-in-appeal upholding the denial of Cenvat credit for telephone/mobile service, banking service, insurance service, and courier service used by the appellants in manufacturing soap and detergents. The dispute centered on whether these services qualified as 'input services' under Rule 2(1) of the Cenvat Credit Rules, 2004. The Appellants argued that the broad interpretation of 'directly or indirectly in or in relation to the manufacture' should encompass all services used in manufacturing, citing the Tribunal's judgment in Keltech Energies Ltd. v. CCE, Mangalore. Conversely, the Revenue contended that the services were post-manufacturing activities and did not meet the definition of 'input service.'Upon hearing both sides, the Tribunal considered the expansive interpretation of 'input service' and the Tribunal's precedent in Keltech Energies Ltd. v. CCE, Mangalore, which deemed telephone services as eligible for Cenvat credit. The Tribunal opined that insurance services, banking services, and courier services also fell within the ambit of services used directly or indirectly in or in relation to manufacturing finished goods. Emphasizing the inclusive nature of the definition and the wide scope of services related to business activities, the Tribunal concluded that the Appellants had a strong prima facie case. Consequently, the requirement for pre-deposit of service tax credit and penalty was waived for the appeal hearing, granting a stay petition.In summary, the judgment clarified the interpretation of 'input service' to include telephone, insurance, banking, and courier services used in or in relation to manufacturing activities, aligning with the broad understanding of services contributing to the manufacturing process. The decision underscored the inclusive nature of the definition and upheld the Appellants' eligibility for Cenvat credit based on the expansive scope of services deemed integral to manufacturing operations.