2007 (9) TMI 54 - AT - Service Tax

Cenvat credit - Appellant liable for credit of service tax paid on telephone of the officer and director only on the ground that they used them for providing output service and manufacture - Matter remanded to OA to reconsider claim and grant credit if eligible as per law

Summary

Issues:
1. Denial of Cenvat credit for service tax paid on mobile phones provided to company officers.

Analysis:
The appeal arose from an Order-in-Appeal confirming the denial of Cenvat credit for service tax paid on mobile phones provided to company officers. The consultant argued that a Board circular and tribunal rulings supported the admissibility of such credit if the mobile phones were used for providing output service or in relation to manufacturing finished goods. The consultant cited specific tribunal cases where such credits were deemed admissible.

The JDR contended that the matter should be sent back to the original authority for verification on whether the mobile phones were indeed used for providing output service or in relation to manufacturing finished goods, as required by the Board order. The JDR highlighted the lack of evidence presented by the assessee to support this claim.

Upon careful consideration, the judge noted that the assessee failed to provide proof that the mobile phones were used as required for Cenvat credit eligibility. While acknowledging the tribunal rulings supporting such credits, the judge emphasized the need for verification by the authorities before granting Cenvat credit, as per the Board's Circular and cited judgments. Consequently, the judge remanded the matter to the original authority for re-consideration based on the Board's Circular and tribunal rulings, with instructions to re-adjudicate the claim within four months.