2011 (8) TMI 709 - AT - Service Tax

Cenvat Credit of Service Tax paid on various Input Service held that - definition of input service also includes services which are integrally connected with business of manufacture of final product. Cenvat Credit allowed in respect of Outdoor Catering, Services in relation to Valuation of Immovable Property, Consulting Engineer, Air Travel Agent Service, Authorised service station, Tour Operator Service and Business Exhibition Services.

Summary

Issues:
CENVAT Credit denial on various input services - Outdoor Catering, Valuation of Property, Consulting Engineer, Air Travel Agent, Tour Operator, Business Exhibition, Repairing charges, Photography, Service Tax for job work, Repair of Motor Car, Service Tax on Authorized Service Station.

Analysis:
The judgment involves the denial of CENVAT Credit on various input services amounting to Rs.6,35,506/- during 2006-07 to 2008-09, along with imposed penalties. The issue revolved around whether the input services were used directly or indirectly in relation to the manufacture of final products and their clearance. The Commissioner (Appeals) denied the credit, citing the need for services to satisfy parameters laid down in the main part of the definition of input service. The appellant argued that services integrally connected with the business of manufacturing final products should qualify as input services, referencing decisions by the Hon'ble High Courts and the Hon'ble Supreme Court.

The judgment extensively discussed the interpretation of the definition of input services, emphasizing the inclusion of services integral to the business of manufacturing final products. It highlighted that the definition is not exhaustive and should cover services with a direct nexus to the manufacturing process. The Tribunal disagreed with the Commissioner's reliance on certain decisions and emphasized the relevance of decisions by various High Courts in determining the admissibility of input services.

Regarding specific services, the judgment addressed each service individually. For Outdoor Catering, the Tribunal referred to a High Court decision where credit for Service Tax was allowed due to the services' integral connection with the manufacturing business. Similarly, for Valuation of Property and Consulting Engineer services, the Tribunal deemed them admissible as they were essential for business operations. The judgment also referenced previous decisions to support the admissibility of Air Travel, Tour Operator, Business Exhibition, Repairing charges, Photography, and Service Tax for job work.

Overall, the Tribunal concluded that CENVAT Credit was admissible for services related to manufacturing activities. As the appellant succeeded on merit, the penalty imposition was deemed unnecessary, and the appeal was allowed with consequential relief to the appellant.