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2011 (1) TMI 832 - AT - Service TaxCenvat Credit - Inputs services - Rent-a-cab services repairs & maintenance service catering services and group insurance service - the service tax paid and availed as Cenvat Credit by the appellant on catering services rent-a-cab services group insurance services etc. were considered by this Bench in the case of Stanzen Toyotetsu India Pvt. Ltd. Vs. CCE Bangalore 2008 -TMI - 33381 - CESTAT BANGLORE - The Division Bench of this Tribunal has held that the credit cannot be denied to the appellant on such services - Decided in favour of assessee.
Issues involved: Denial of Cenvat Credit on service tax paid by service provider for various services.
Analysis: The appeal was filed against Order-in-Appeal No.197/2009-CE, which denied Cenvat Credit to the appellant on service tax paid by the service provider for rent-a-cab services, repairs & maintenance service, catering services, and group insurance service. The lower authorities held that the appellant was not entitled to avail Cenvat Credit as per the definition of "input service" under Rule 2(L) of Cenvat Credit Rules, 2004. However, referencing a previous case, the appellant argued that the credit cannot be denied on such services. The Division Bench of the Tribunal in the case of Stanzen Toyotetsu India Pvt. Ltd. Vs. CCE, Bangalore had held that the credit cannot be denied. The Revenue had appealed this decision in the High Court of Karnataka, but no stay was granted. Therefore, following the precedent set in the Stanzen Toyotetsu case, the judge held that the impugned order denying Cenvat Credit on various services was incorrect and set it aside, allowing the appeal with consequential relief if any. In summary, the main issue in this case was the denial of Cenvat Credit to the appellant on service tax paid by the service provider for different services. The judge, after considering the precedent set in a previous case, ruled in favor of the appellant, stating that the denial of Cenvat Credit on catering services, rent-a-cab services, repairs & maintenance services, and group insurance services was incorrect. The impugned order was set aside, and the appeal was allowed with consequential relief, if any.
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