2015 (7) TMI 1179 - AT - Central Excise

CENVAT credit - Various input services - nexus with output services - Held that - the Ld. Commissioner (Appeals) has allowed the cenvat benefit on the disputed services holding that security service are pertaining to business and are well covered with the definition of input service. With regard to the manpower recruitment supply service he observed that the disputed services are directly related to the manufacture of final product - the said services have the nexus with the manufacture of final product by the appellant - credit allowed - appeal dismissed - decided against Revenue.

Summary

Issues: Appeal against Commissioner (Appeals) order on eligibility of disputed services for cenvat benefit.

In this case, the main issue revolves around the eligibility of disputed services for cenvat benefit. The Revenue filed an appeal against the impugned order passed by the Commissioner (Appeals), Central Excise, Gurgaon, arguing that there was no nexus between the disputed services and the final product manufactured by the Respondent. The Ld. Advocate for the Respondent contended that security services and labor contract services were directly related to the manufacturing activity and final product, citing Rule 2(l) of the Cenvat Credit Rules. The Administrative Commissioner had previously allowed cenvat benefit on the disputed services, which was not appealed by the Department.

The Tribunal analyzed the arguments presented by both sides and reviewed the impugned order. The Ld. Commissioner (Appeals) had allowed cenvat benefit on the disputed services, emphasizing that security services were business-related and fell within the definition of input service. Regarding labor recruitment services, it was observed that these services were directly linked to the manufacture of the final product. Additionally, the Commissioner of Central Excise, Delhi-III (Gurgaon), in a previous adjudication order, had also allowed cenvat credit on the disputed services, highlighting their nexus with the manufacturing process.

Ultimately, the Tribunal, after careful consideration, found no fault in the impugned order passed by the Commissioner (Appeals) and dismissed the appeal filed by the Revenue. The decision was based on the established nexus between the disputed services and the manufacturing of the final product, as recognized by both the Ld. Commissioner (Appeals) and the Commissioner of Central Excise, Delhi-III (Gurgaon).