2018 (5) TMI 767 - AT - Central Excise

Tribunal grants Cenvat credit for various services in manufacturing activities

The Tribunal allowed the appeal in favor of the appellant, granting Cenvat credit for GTA, outdoor catering, bus hiring, rent-a-cab, and telephone ... CENVAT credit - input services - GTA service - outdoor catering service - rent a cab service - telephone service - Held that: - it is an admitted fact on record that period of dispute is from 2005- 2006 to 2007-2008 and the appellant was governed under the un-amended definition of input service (effective upto 31/03/2008). Under the un-amended definition of input service, since “clearance of final product from the place of removal” was specifically finding place therein and that the appellant had removed the goods from its factory, the same should be considered as place of removal for the purpose of consideration of eligibility to the Cenvat benefit - credit allowed. CENVAT credit - Outdoor catering services - bus hiring services - rent-acab service - telephone services - Held that: - Tribunal in various decisions has allowed the Cenvat credit of service tax paid on those services, holding that those services are also be considered as input service, even after the amendment of definition under Rule 2 (l) w.e.f. 01/04/2011 - credit allowed. Appeal allowed - decided in favor of appellant. Issues Involved:Denial of Cenvat credit for service tax paid for GTA, outdoor catering, rent-a-cab, and telephone services.Analysis:1. GTA Service: The appellant claimed Cenvat credit for GTA services during 2005-2008. The Tribunal referred to the un-amended definition of input service and noted that under this definition, the clearance of final products from the factory was considered a place of removal. Since the goods were cleared from the factory, the Tribunal found no merit in denying Cenvat credit for GTA services.2. Outdoor Catering Service: The appellant argued that providing outdoor catering to employees within the factory premises was a statutory requirement under the Factories Act, 1948. Citing a previous Tribunal decision, the appellant contended that outdoor catering should be considered an input service even after the amendment of the definition. The Tribunal agreed with this argument and allowed the Cenvat credit for outdoor catering services.3. Bus Hiring and Rent-a-Cab Services: The appellant used bus hiring and rent-a-cab services for the movement of employees to ensure timely attendance without disrupting manufacturing operations. Relying on a Tribunal decision, the appellant claimed these services should be considered input services for Cenvat credit. The Tribunal concurred and allowed the credit for these services.4. Telephone Service: The appellant provided landline and mobile phones to staff members to facilitate manufacturing activities. Citing a Tribunal decision, the appellant argued that telephone services should be considered input services. The Tribunal agreed with this argument and allowed the Cenvat credit for telephone services.5. Revenue's Argument: The Revenue contended that since the appellant recovered amounts for bus service, outdoor catering, and telephone service from employees, these services should not be considered input services for Cenvat credit. However, the Tribunal noted that the Commissioner's order did not address the appellant's role as a service provider and focused only on the nexus of input services with manufacturing activities. Therefore, the Revenue's argument was not considered relevant at that stage.6. Conclusion: After reviewing the arguments and case records, the Tribunal found no merit in the impugned order. Consequently, the Tribunal set aside the order and allowed the appeal in favor of the appellant, granting Cenvat credit for the disputed services.