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        Central Excise

        2021 (8) TMI 1112 - AT - Central Excise

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        Sales promotion through vehicle financing arrangements qualifies as input service for Cenvat credit when financiers help arrange prospective buyers. Commission paid to financial institutions for arranging finance and prospective buyers for vehicle sales was treated as an input service because it ...
                      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.

                          Sales promotion through vehicle financing arrangements qualifies as input service for Cenvat credit when financiers help arrange prospective buyers.

                          Commission paid to financial institutions for arranging finance and prospective buyers for vehicle sales was treated as an input service because it indirectly promoted sales of the manufacturer's vehicles. The inclusive definition of input service under Rule 2(l) was applied broadly, and the activity was characterised as sales promotion. Cenvat credit was therefore admissible where the financier's role was linked to facilitating vehicle sales through customer financing arrangements.




                          Issues: Whether cenvat credit was admissible on commission paid to financial institutions for arranging prospective buyers for sale of vehicles, treating the activity as sales promotion under Rule 2(l) of the Cenvat Credit Rules, 2004.

                          Analysis: The commission paid to the financiers was held to facilitate sale of the appellant's vehicles by bringing prospective buyers and enabling financing for purchase. Such activity was treated as indirectly promoting sales of the manufactured vehicles. The inclusive part of the definition of input service was applied, and sales promotion was read broadly. The service was also found to be covered by the reasoning adopted in the cited High Court decision, which recognised financing arrangements linked to sale promotion of vehicles as taxable business auxiliary services supporting credit eligibility.

                          Conclusion: The commission paid to the financial institutions qualified as sales promotion and therefore as an input service, so cenvat credit was admissible in favour of the assessee.

                          Ratio Decidendi: Where financial institutions, under an arrangement with the manufacturer, facilitate sale of vehicles by arranging finance for prospective buyers, the commission paid for such activity is an input service falling within sales promotion for cenvat credit purposes.


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                          ActsIncome Tax
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