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        Central Excise

        2019 (4) TMI 927 - AT - Central Excise

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        Tribunal allows appeal, grants credit for input services related to manufacturing activities. The Tribunal allowed the appeal filed by the assessee, dismissing the Revenue's appeal. It held that the denial of credit on various input services, ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Tribunal allows appeal, grants credit for input services related to manufacturing activities.

                          The Tribunal allowed the appeal filed by the assessee, dismissing the Revenue's appeal. It held that the denial of credit on various input services, including repair of vehicles, business support services, event management services, and others, was not sustainable. The Tribunal ruled in favor of the assessee, stating that these services were directly linked to manufacturing activities, making the assessee eligible to claim credit on the disputed input services.




                          Issues:
                          Appeal against the impugned order regarding the eligibility of Cenvat credit on various input services.

                          Repair of vehicles:
                          The dispute revolves around the denial of credit on services related to repair of vehicles used for providing free after-sale service. The Tribunal held that such services are essential for fulfilling the condition of providing free after-sale service during the warranty period, making the assessee eligible for credit.

                          Business Support service:
                          The controversy concerns the denial of credit on services like disposal of hazardous waste, storage of records, and interpreter services. The Tribunal ruled in favor of the assessee, stating that these services are directly linked to manufacturing activities, making the assessee entitled to avail credit.

                          Event Management Services:
                          The issue involves the denial of credit on event management services used for promoting sales and launching new product models. The Tribunal held that organizing events for sales promotion and launching new products directly relates to manufacturing activities, allowing the assessee to claim credit.

                          Cargo Handling Service:
                          The dispute pertains to the denial of credit on cargo handling services used within the assessee's factory. The Tribunal concluded that since the services were utilized for internal air lifting of goods, the assessee is entitled to avail credit on such input services.

                          Supply of Tangible Goods for use:
                          The controversy surrounds charges paid for DG sets and cars provided to senior officials. The Tribunal held that these services are indeed input services as the senior officials are engaged in manufacturing and sales promotion activities, making the assessee eligible for credit.

                          Work Contract Service:
                          The issue involves the denial of credit on services used for repair of building and machinery. The Tribunal allowed the credit, stating that these services qualify as input services since they were utilized for repair purposes, not for new construction.

                          Hotel, Inn, Guest house, etc.:
                          The dispute concerns the denial of credit on services used for official stays of foreign engineers and employees. The Tribunal ruled in favor of the assessee, stating that these services were utilized for business promotion and customer support, making them eligible for credit.

                          Real Estate Agent Service:
                          The controversy involves the denial of credit on services for leasing office spaces. The Tribunal held that such services were used for legitimate business purposes, like sales promotion and customer support, making the assessee entitled to claim credit.

                          Convention Services:
                          The issue revolves around denying credit on services for conducting seminars and conventions. The Tribunal ruled in favor of the assessee, stating that such activities directly relate to business and marketing of manufactured goods, allowing the assessee to avail credit.

                          Association Membership Service:
                          The dispute pertains to the denial of credit on membership fees paid to an engineering council. The Tribunal allowed the credit, stating that the services availed were for product approvals and technological information, directly benefiting the manufacturing process.

                          Information Technology Software Service:
                          The controversy involves the denial of credit on software services. The Tribunal held that such services, including web creation and advertisement uploading, are directly related to manufacturing activities, making the assessee eligible for credit.

                          CHA Services for export:
                          The issue concerns the denial of credit on services used for exporting goods. The Tribunal ruled in favor of the assessee, stating that services availed up to the port of export qualify as input services, allowing the assessee to claim credit.

                          Renting of immovable property service:
                          The dispute involves the denial of credit on renting regional offices. The Tribunal held that since these offices were used for marketing and advertisement, they directly relate to manufacturing activities, making the assessee eligible for credit.

                          CHA (Import):
                          The controversy pertains to the denial of credit on CHA services for importing raw materials. The Tribunal allowed the credit, stating that such services have a direct nexus with the manufacturing of final products.

                          Video tape production service:
                          The issue involves the denial of credit on services used for advertising and sales promotion. The Tribunal ruled in favor of the assessee, stating that such services directly contribute to sales promotion, making the assessee eligible for credit.

                          Legal Consultancy Service:
                          The dispute concerns the denial of credit on legal consultancy services. The Tribunal allowed the credit, stating that legal advice on company and environmental laws is essential for the manufacturing process.

                          Public Relation Service:
                          The controversy involves the denial of credit on services for organizing press conferences. The Tribunal ruled in favor of the assessee, stating that such services directly contribute to advertisement and sales promotion, making the assessee eligible for credit.

                          Company Secretary Service:
                          The issue pertains to the denial of credit on services for maintaining company records. The Tribunal allowed the credit, stating that such services are essential for statutory compliance and are directly related to the manufacturing activity.

                          In conclusion, the Tribunal allowed the appeal filed by the assessee and dismissed the appeal filed by the Revenue, holding that the impugned order denying credit was not sustainable.
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                          ActsIncome Tax
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