2013 (11) TMI 253 - AT - Service Tax

CENVAT credit - Input service in respect of the freight paid for transportation of two wheelers from factory premises of the manufacturer - Held that - In terms of Rule 2(l) of CCR 2004, input service means any service used by a provider of taxable service for providing an output service. In the present case, the applicant is registered under the category of Authorized Service Station. Rule 3(iv) of CCR 2004 provides that the cenvat credit may be utilized for payment of service tax on any output service. Prima facie, we are unable to accept that the transportation of two wheelers from manufacturer s factory has relation with the servicing of motor vehicle by the applicant. - stay granted partly.

Summary

Issues:
Cenvat credit denial on input service related to transportation of two wheelers from manufacturer's premises to service station.

Analysis:
The judgment involves the denial of Cenvat credit amounting to Rs.4,38,059/- for the period April 2009 to March 2010 on the basis that the transportation of two wheelers from the manufacturer's premises to the service station does not fall within the definition of input service as per Rule 2(l) of CENVAT Credit Rules 2004. The applicant argued that the freight paid for this transportation is related to the servicing of motor vehicles, which constitutes an output service. On the contrary, the respondent contended that the service provided by the applicant is related to the servicing of motor vehicles, and the transportation cost cannot be considered an input service for output service. It was noted that a credit of Rs.10,290/- was taken on eligible documents.

Upon hearing both sides, the Tribunal referred to Rule 2(l) of CCR 2004, which defines input service as any service used by a taxable service provider for providing an output service. The applicant, being registered as an Authorized Service Station, falls under this category. Rule 3(iv) of CCR 2004 allows Cenvat credit to be utilized for payment of service tax on any output service. The Tribunal expressed initial disbelief that the transportation of two wheelers from the manufacturer's factory is directly related to the servicing of motor vehicles by the applicant. The issue of whether the freight paid for this transportation is indeed linked to the output service provided by the applicant was deemed contentious and scheduled for detailed examination during the appeal hearing. As a result, the applicant was directed to deposit Rs.2,00,000/- within six weeks. Upon this deposit, the predeposit of the remaining tax amount, along with interest and penalty, would be waived, and the recovery stayed until the appeal's disposal, with compliance requested by a specified date.

This judgment highlights the critical interpretation of input services in the context of Cenvat credit eligibility, emphasizing the necessity for a direct link between the service utilized and the service provided by the taxable entity. The decision to withhold recovery pending appeal underscores the procedural safeguards available to taxpayers in challenging adverse determinations related to tax credits.