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2013 (2) TMI 190 - AT - Central ExciseCENVAT Credit on rent a cab service - Held that - There is no dispute on the fact that the assessee had used the said services for transportation of their own official as well as outside personnel visiting to their plant. The issue of eligibility of CENVAT Credit on rent a cab service as input service is no more res integra as decided in the Stanzen Toyotetsu India (P) Ltd. s case (2011 (4) TMI 201 - KARNATAKA HIGH COURT) wherin CENVAT Credit on rent a cab has been allowed considering the same as an input service within the definition of Rule 2(l) of CENVAT Credit Rules, 2004 - in favour of assessee.
Issues:
Admissibility of CENVAT Credit on rent a cab service as an input service. Analysis: The appeal was filed by the Revenue against Order-in-Appeal No.16/BOL/2011 dated 22.02.2011. The appellant had availed CENVAT Credit on rent a cab operator service from October, 2008 to June, 2009. The department issued a demand notice for recovery of the CENVAT credit, alleging that the service did not qualify as an input service related to manufacturing activity. The demand was confirmed by the adjudicating authority, imposing a penalty under Rule 15(3) of CENVAT Credit Rules, 2004. The appellant then filed an appeal before the Commissioner(Appeals), who allowed the appeal filed by the Respondent, leading to the Revenue's appeal. The Revenue contended that the rent a cab service availed by the Respondent did not have a nexus with manufacturing activity, making it ineligible for CENVAT Credit as per Rule 2(l) of the CENVAT Credit Rules, 2004. On the other hand, the Authorized Representative for the Respondent argued that the issue of CENVAT Credit on rent a cab service had been decided in their favor by the Tribunal and High Courts in previous cases. He also highlighted that the Department had not filed an appeal in relation to other periods, citing the judgment of the Karnataka High Court in a specific case. After hearing both sides and examining the records, the judge found that the central issue was the admissibility of CENVAT Credit on rent a cab service received by the Respondent during the relevant period. It was noted that the Respondent had used the services for transportation of official and outside personnel visiting their plant. Referring to the judgment of the Karnataka High Court in a specific case, the judge concluded that the rent a cab service qualified as an input service within the definition of Rule 2(l) of CENVAT Credit Rules, 2004. Consequently, the judge upheld the order of the Commissioner(Appeals) and dismissed the Revenue's appeal.
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