2011 (1) TMI 1514 - AT - Central Excise

Summary

Issues involved: Appeal against Order-in-Appeal No.19/2010 u/s Cenvat Credit Rules, 2004 for availing credit on various services like architect services, authorized service station, interior decoration services, real estate agents services, and stock broker services.

Summary:

Issue 1: Allegations in show-cause notice and denial of credit
The appellant availed Cenvat Credit on services used for business purposes. Lower authorities issued a show-cause notice directing denial of credit. Adjudicating Authority confirmed demands, penalty, and interest. Appellant appealed, contesting the denial of credit. Commissioner(Appeals) upheld the Order-in-Original. The appellant argued that services were used for business enhancement. The Adjudicating Authority's findings were beyond the show-cause notice. The appellant referenced a judgment of the Hon'ble High Court of Bombay.

Issue 2: Eligibility of Cenvat Credit
The appellant utilized services like architect services, authorized service station, real estate agents services, and stock broker services for business purposes. The definition of input service under Rule 2(l) of the Cenvat Credit Rules was considered. The Hon'ble High Court of Bombay's interpretation of the definition was referenced, emphasizing that each limb of the definition can be considered independently for exemption. As the services were used directly or indirectly for business purposes, credit cannot be denied. The impugned order was set aside, and the appeal was allowed.

Conclusion:
The Tribunal decided in favor of the appellant, allowing the appeal based on the eligibility of Cenvat Credit for services used for business enhancement. No findings were recorded on other submissions as the lower authorities had gone beyond the show-cause notice.