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of <h1>Appeal Success: Cenvat Credit for Mobile Phone & Real Estate Services</h1> The case involved an appeal by a tire manufacturer against the denial of Cenvat credit for service tax paid on mobile phone services and real estate agent ... Cenvat Credit-Input services-Circular No. 59/08/2003 dated 20.06.2003 and Circular No. 97/08/2007, dated 23.08.2007- The appellants are manufacturer of tyres, tubes and flaps he availed Cenvat credit of service tax paid on mobile phone services and credit of service tax paid on real estate agency service on the ground that in terms of CBEC Circular No. 59/08/2003, dated 20-6-2003 credit of service tax paid on telephone services is allowed only if telephone is installed in the factory. A show-cause notice was issued and the adjudicating authority dropped the proceedings against the appellant. Commissioner(Appeals) set-aside the order of Adj. Authority by relying on CBEC Circular No. 97/8/2007 dated 23.08.2007, without giving any findings. Held that- there is no finding by the adjudicating authority, thus allows the appeal by way of remand back. Issues: Denial of Cenvat credit on service tax paid for real estate agent service and mobile phone services.In this case, the appellant, a manufacturer of tyres, tubes, and flaps, appealed against the Commissioner (Appeals) order denying Cenvat credit for service tax paid on mobile phone services and real estate agent services. The appellant had availed Cenvat credit during April 2004 to March 2006 based on CBEC Circular No. 59/08/2003, which allowed credit for service tax on telephone services only if the telephone was installed in the factory. The adjudicating authority initially dropped the proceedings against the appellant, citing that the Circular from 2003 could not be applied as the new Cenvat Credit Rules, 2004 did not have the same requirement. The appellant argued that the mobile phones were being used by employees/directors and were installed in the name of the company, making them eligible for Cenvat credit. The department challenged the decision, and the order was set aside by the Commissioner (Appeals) based on CBEC Circular No. 97/8/2007-ST, which clarified that credit for service tax on mobile telephone service is admissible if the mobile phone is used for providing output service or in relation to the manufacture of finished goods. The Judicial Member found that the adjudicating authority did not consider the use of mobile phones in the order and remanded the case back to the original authority to examine this aspect and pass a new order within four months, following the principles of natural justice.Overall, the judgment addressed the issue of denial of Cenvat credit on service tax paid for real estate agent service and mobile phone services. The decision highlighted the importance of considering the specific use of mobile phones to determine eligibility for credit, as per CBEC Circular No. 97/8/07-ST. The Judicial Member emphasized the need for the adjudicating authority to review the use of mobile phones in providing output services or in relation to manufacturing finished goods before making a decision on the Cenvat credit eligibility. The judgment focused on ensuring a fair process and adherence to natural justice principles in reaching a final determination on the Cenvat credit issue.
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