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        Central Excise

        2026 (2) TMI 839 - AT - Central Excise

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        CENVAT credit on business-related services upheld, while freight credit dispute was remanded for verification of the place of removal. CENVAT credit was treated as admissible on insurance, taxi, courier, and installation and commissioning services because they were used in the course of ...
                        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.

                            CENVAT credit on business-related services upheld, while freight credit dispute was remanded for verification of the place of removal.

                            CENVAT credit was treated as admissible on insurance, taxi, courier, and installation and commissioning services because they were used in the course of business and the denial was unsupported by adequate reasons. Credit on transportation up to the place of removal was recognised in principle, but the freight or cargo claim required further verification of invoices, the Chartered Accountant's certificate, and the factual basis for identifying the place of removal, especially where clearances may have been to customer premises. The disputed freight issue was therefore sent back for fresh factual examination.




                            Issues: (i) Whether CENVAT credit on insurance, taxi, courier, and installation and commissioning services was admissible; (ii) Whether the demand relating to freight or cargo services required further factual verification as to the place of removal and admissibility of credit.

                            Issue (i): Whether CENVAT credit on insurance, taxi, courier, and installation and commissioning services was admissible.

                            Analysis: The services were found to have been used in the course of business. The record showed that the assessee was also engaged in taxable services, and the denial of credit was not supported by sufficient reasons. The cited authorities and the nature of the services supported admissibility of credit.

                            Conclusion: Credit on these services was admissible and the assessee succeeded on this issue.

                            Issue (ii): Whether the demand relating to freight or cargo services required further factual verification as to the place of removal and admissibility of credit.

                            Analysis: Credit on transportation up to the place of removal was held to be admissible in principle, but the adjudication had not adequately examined the documents and factual basis for determining whether the freight was incurred for clearances where the place of removal was the consignee or customer premises. The matter therefore required verification of invoices and the Chartered Accountant's certificate to quantify admissible credit.

                            Conclusion: The revenue challenge succeeded only to the extent of remand for factual verification.

                            Final Conclusion: The assessee obtained relief on the disputed input services, while the freight-related dispute was sent back for fresh examination of the factual entitlement to credit.


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                            ActsIncome Tax
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