2018 (11) TMI 1027 - AT - Central Excise

Tribunal Allows CENVAT Credit on Rent & Air Travel, Manpower Supply, Testing & Repair Charges

The Tribunal upheld the eligibility of rent and air travel agent services for CENVAT Credit, allowed input service credit for manpower supply, testing ... CENVAT Credit - input services - Rent paid for storage of materials at TVS Logistics godown, Puzhal, Chennai - Air Travel Agent Services - post 01.04.2011 - denial on account of nexus - Held that:- This ground of appellant is dismissed for the reason that the appellant has not produced any documents in support before the lower authorities and the only irresistible conclusion that could be drawn is that the appellant has not proved nexus and therefore hit by Rule 2(l) as amended - decided against appellant. CENVAT Credit - input services - Manpower Supply Service - Held that:- The provision of the above services being related to labour welfare legislation, the denial of credit is held unjustified - credit allowed - decided in favor of appellant. CENVAT Credit - input services - Testing Charges - only case of Revenue is that the service was rendered at the sub-contractor’s end - Held that:- It is not the case of the Revenue that the same is not an eligible input service or that the above service was hit by the amended Rule 2(l) of the CENVAT Credit Rules, 2004 - denial is made on assumptions - decided in favor of appellant. CENVAT Credit - input services - Repair Charges for Canteen - Held that:- When running of canteen itself is held to be an allowable input service; maintaining is also a necessary service with timely repair work, etc. - denial of credit not justified - decided in favor of appellant. Penalty - Held that:- There is no mala fides attributed in respect of the disputed CENVAT Credits - penalty set aside - decided in favor of appellant. Appeal allowed in part. Issues involved:1. Eligibility of input services for CENVAT Credit2. Nexus between input services and output services3. Denial of CENVAT Credit on specific services4. Denial of input service credit for repair charges5. Imposition of penaltiesEligibility of input services for CENVAT Credit:The appeals were filed against the Commissioner's order denying CENVAT Credit for certain services. The appellant argued that services like rent for storage and air travel agency services were eligible input services post an amendment in the definition of 'input service.' However, the appellant failed to provide evidence that these services were used for providing output services. The Tribunal dismissed this ground due to the lack of supporting documentation.Nexus between input services and output services:Regarding manpower supply services, the appellant contended that the services related to PF/ESI and professional services were essential for the total service cost. Citing previous decisions, the appellant argued that denial of credit for services related to labor welfare legislation was unjustified. The Tribunal agreed with this argument, allowing the appeals related to manpower supply services.Denial of CENVAT Credit on specific services:The denial of CENVAT Credit on testing charges at the sub-contractor's premises was challenged by the appellant. The Tribunal found the denial based solely on the location of the service inadequate, as it did not establish the service's ineligibility. The denial of credit for repair charges for the canteen was also overturned, considering canteen maintenance as an essential service.Imposition of penalties:The appellant contested the penalties imposed for disputed CENVAT Credits, arguing that no malice was involved, and the issues were interpretational. The Tribunal agreed, setting aside the penalties as the issues were settled at various court levels.In conclusion, the Tribunal upheld the credit for rent and air travel agent services, allowed input service credit for manpower supply, testing charges at the sub-contractor's place, and repair charges for the canteen, and directed the deletion of penalties. The appeals were partly allowed based on the above decisions.