2018 (9) TMI 1124 - AT - Central Excise

Tribunal grants appeal on input credit dispute with Emerson Electric, redefining 'input services'

The Tribunal allowed the appellant's appeal regarding the disallowance of input credit on services received from Emerson Electric Company (EEC) for ... CENVAT credit - inputs - services receives from Emerson Electric Company (EEC) on account of payroll processing and related process of Employers PF, Travel Expenses, etc. - denial on account of nexus - Held that:- The credit is to be allowed, as the services is having nexus with manufacturing activity - credit allowed - appeal allowed. Issues:1. Disallowance of input credit on services received from Emerson Electric Company (EEC) for payroll processing and related processes.Analysis:The appellant, a manufacturer of Solenoid Valves, faced disallowance of input credit on services received from Emerson Electric Company (EEC) for payroll processing and related processes. The Revenue contended that the credit was ineligible as it was not related to manufacturing activities. A Show Cause Notice was issued, leading to an Order-in-Original disallowing the credit. The appellant appealed before the Commissioner of Central Excise and obtained partial success. The appellant challenged the denial before the Appellate Tribunal.During the hearing, the appellant's consultant referred to a similar case involving M/s. Emerson Process Management Chennai Pvt. Ltd., where the appeal was allowed by the Tribunal. The Department Representative supported the lower authorities' findings. The Tribunal noted the previous decision and the definition of 'input services' under the Cenvat Credit Rules, 2004. Citing a Supreme Court case, the Tribunal found merit in the appellant's claim and allowed the appeal based on the principle of stare decisis, setting aside the lower appellate authority's order and granting consequential reliefs.In conclusion, the Tribunal, in its judgment delivered on 20.07.2018, allowed the appellant's appeal regarding the disallowance of input credit on services received from Emerson Electric Company (EEC) for payroll processing and related processes. The decision was based on the interpretation of the definition of 'input services' and the precedent set by a previous case, leading to the setting aside of the lower appellate authority's order and granting of consequential reliefs, if any.