2013 (10) TMI 44 - AT - Service Tax

CENVAT Credit - Residential land line telephone services - Held that - Commissioner (Appeal) has given a general observation that the telephone installed at the residence cannot be related to business activity without giving any evidence in this regard - as per definition of input services during the relevant period under Rule 2 (l) of Cenvat Credit Rules, 2004 the credit on input services used in the business activities are admissible - prima facie the applicant has been able to make out a case for staying the operation of the order passed by Commr. (Appeal) - Stay granted.

Summary

Issues:
Whether the credit on telephone services installed at the residence of senior officers is allowable.

Analysis:
The case involves an application seeking a stay of the order passed by the Commissioner (Appeal) regarding the utilization of credit on telephone services. The applicant utilized credit on service tax paid for landline telephone services installed in the residential area of employees. The issue arose when it was alleged that these services had no nexus with manufacturing activities, questioning their classification as input services under Rule 2 (l) of CENVAT Credit Rules, 2004. The adjudicating authority initially dropped the proceedings, but the Commissioner (Appeal) held the lower authority's decision as untenable.

The applicant's advocate argued that the landline phones were used for the betterment of the company's manufacturing and business activities, citing relevant case laws to support the claim that the definition of input services is not exhaustive but illustrative. The advocate highlighted that the show cause notice did not dispute the use of the services for business activities. On the contrary, the Revenue's representative supported the Commissioner (Appeal)'s findings.

After hearing both sides, the Tribunal considered whether the credit on telephone services installed at senior officers' residences was allowable. The Tribunal noted the lack of evidence supporting the Commissioner (Appeal)'s general observation that the telephones were not related to business activities. It was emphasized that the definition of input services under Rule 2 (l) of CENVAT Credit Rules, 2004 allowed for credit on services used in business activities, citing precedents that supported this interpretation.

Consequently, the Tribunal found that the applicant had presented a prima facie case for staying the operation of the Commissioner (Appeal)'s order. As a result, the Tribunal decided to waive any dues payable until the appeal's disposal. The decision was made in favor of the applicant, acknowledging the admissibility of credit on the telephone services used for business purposes.