TaxTMI 
TaxTMI 
2019 (6) TMI 1593
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....ding taxable services of "Banking and Financial Services", "Insurance Auxiliary Services" etc. They are mainly engaged in the business of lending i.e. extending loans for purchase of "Motor Cycle and Commercial Vehicles". If a customer fails to repay the loan, initially the Appellants used to issue a notice to such defaulting customer and if the customer fails to pay even after repeated reminders, the Appellants repossess the vehicle after following legal procedure. They have outsourced the activity of repossession of vehicles to a third-party Agency/Service Provider. Such third-party Agencies recover the vehicle from the defaulting customers and recover the charges for the services from the Appellant alongwith service tax thereon. The Appe....
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....ecorded in the impugned order and prayed for dismissal of Appeal. We have been informed by the learned Counsel for the Appellant that an identical issue covering the earlier period i.e. April, 2007 to March, 2012 was raised by the department and ultimately the same was decided in favour of the Appellant by this Tribunal vide order dated 02/11/2017 in Appeal No. ST/88910/2013 titled as M/s. Bajaj Finance Ltd. vs. Commissioner of Central Excise, Pune-I by which this Tribunal has held that the Appellant are entitled for the Cenvat credit on the service of repossession of vehicle provided by the various recovery agent to the Appellant against the output service of the Appellant i.e. lending of money. The copy of the aforesaid order was also pla....
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....roducts and clearance of final products upto the place of removal, and includes services used in relation to setting up, modernization, renovation or repairs of a factory, premises of provider of output service or an office relating to such factor or premises, advertisement or sales promotion, market research storage upto the place of removal, procurement of inputs, activities relating to business such as accounting, auditing financing, recruitment and quality control, coaching and training, computer networking, credit rating, share registry, and security, inward transportation of inputs or capital goods and outward transportation upto the place of removal;" From the above definition it can be seen that any service used for providing out....
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....ime of giving repossession of the vehicle in case the borrower has repaid the amount. In this regard the proceedings related to demand of service tax on such part is pending before this Tribunal. Since that is not a subject matter of the proceedings of the present case, the same cannot be taken into consideration for deciding the issue on merit involved in the present case. However, the Revenue is free to take appropriate action in accordance with law, if it is found that against the credit of input service i.e. seizing charges if any exempted service is provided. As per our above discussion, the appellant is entitled for the Cenvat credit on the service of repossession of vehicle provided by the various recovery agent to the appellant agai....