2017 (8) TMI 1043

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....it. The appellants were issued with a show cause notice dated 07/06/2010 through which appellants were called upon to show cause as to why Cenvat credit of Rs. 34,56,515/- availed by the appellant on service tax paid on following services for the period from April, 2007 to July, 2008 should not be recovered under Rule 14 of Cenvat credit Rules 2004. The input services were as follows. SI. No. Name of the Service Service Tax (in Rs.) 1 Air craft and flight insurance 95432.00 2 Air craft and flight management 435092.00 3 Custody services 3942.00 4 Debenture trusteeship 118590.00 5 Employee insurance 79249.00 6 Expenses for raising FCCB 2024416.00 7 Fleet management 83351.00 8 Golf Course Membership 632.00 9....

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....of Vehicle and Share Transfer Agents Service and upheld said Order-in-Original in respect of remaining input services and held that Cenvat credit of service tax paid on them to the tune of Rs. 26,93,955/- was not admissible to the appellant. Aggrieved by the said Order-in-Appeal appellant preferred appeal before this Tribunal. 4. Heard the Learned Counsel for appellant. The Learned Counsel for appellant has submitted that elaborately it was argued before the original authority and first appellate authority the grounds of appeal that all the services in respect of which service tax paid was availed as Cenvat credit were used for the purpose of business and issue is squarely covered by the ruling of Hon'ble High Court of Bombay in the case o....

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.... relating to the business such as accounting, auditing .etc. Thus the definition of input service seeks to cover every conceivable service used in the business of manufacturing the final products. Moreover, the categories of services enumerated after the expression such as in the definition of input service do not relate to any particular class or category of services, but refer to variety of services used in the business of manufacturing the final products. There is nothing in the definition of input service to suggest that the Legislature intended to define that expression restrictively. Therefore, in the absence of any intention of the Legislature to restrict the definition of input service to any particular class or category of services....