2011 (1) TMI 246 - AT - Service Tax

Cenvat Credit - Input Services - Group insurance / mediclaim policy - CHA - Rent an Cab - Held that - credit in respect of the service tax paid on group insurance and health policy for the employees and workers allowed - Credit of CHA services for export of goods allowed - credit on transportation facility (rent a cab) given to the clients are to enable to sell their products and naturally part of the business activities allowed - Credit of ST paid on general insurance of export goods allowed.

Summary

Issues:
1. Disallowance of credit on service tax paid for group insurance/mediclaim policy.
2. Dispute over allowing credit on service tax paid for CHA services.
3. Challenge regarding the allowance of credit on Rent-a-Cab services.
4. Disagreement on treating general insurance for exporting goods as part of business activity.

Group insurance/mediclaim policy:
The appellant contested the disallowance of credit on service tax paid for mediclaim insurance and group insurance for employees not covered by ESI, arguing it was a prudent business expense. The Authorized Representative cited a precedent where such credits were allowed. The SDR argued these policies were welfare measures, not directly linked to business activities. The judge noted the precedent supporting the appellant's position and allowed the appeal, finding merit in their argument.

CHA services:
The department challenged the credit for CHA services, but the Commissioner (Appeals) upheld it based on the FOB basis of export supply, following a Tribunal decision and a relevant service tax circular. The circular clarified the eligibility for credit based on the place of removal and ownership aspects. The judge agreed with the Commissioner, noting the FOB basis of export and upheld the decision, supported by another Tribunal ruling.

Rent-a-Cab services:
The department disputed the allowance of credit for Rent-a-Cab services used to transport vendors and clients, arguing it was not solely for employees. The judge observed that these activities were integral to business operations, facilitating the procurement and sale of materials and products. Consequently, the judge found no valid reason to interfere with the Commissioner's decision to grant credit for Rent-a-Cab services.

General insurance for exporting goods:
The Commissioner allowed credit for service tax paid on insurance for export goods, considering it part of business activity. The department contended that this was an additional business activity with no direct nexus to manufacturing or clearance of goods. However, the judge noted the precedent of treating CHA services as input services and reasoned that transit insurance up to port areas should also qualify. Consequently, the judge rejected the department's appeal and upheld the decision to allow credit for general insurance related to exporting goods.

In conclusion, the department's appeal was rejected, and the party's appeal was allowed based on the detailed analysis and reasoning provided for each issue.