2014 (4) TMI 798 - AT - Central Excise

Waiver of predeposit and stay of recovery - Duty demand - Denial of CENVAT Credit - Held that - The definition of input service as it stood during the period of dispute includes services used in relation to setting up, modernization, renovation or repairs of a factory, premises of provider of output service or an office relating to such factory or premises, advertisement or sales promotion, market research, storage upto the place of removal, procurement of inputs, activities relating to business, such as accounting, auditing, financing, recruitment and quality control, coaching and training, computer networking, credit rating, share registry, and security, inward transportation of inputs or capital goods and outward transportation upto the place of removal. Prima facie, the appellant is entitled to CENVAT credit of the service tax paid on advertisement, sales promotion and chartered accountant s service in as much as these are services expressly mentioned in the inclusion part of the definition of input service . In other words, there is no need to examine nexus - Stay granted.

Summary

Issues:
1. Waiver of predeposit and stay of recovery sought by the appellant in relation to an impugned demand.
2. Denial of CENVAT Credit on services including advertisement, sales promotion, and chartered accountant's service.
3. Interpretation of the definition of "input service" under the CENVAT Credit Rules 2004.
4. Application of the definition of "place of removal" under Section 4 of the Central Excise Act to the appellant's case.
5. Analysis of the appellant's entitlement to CENVAT credit on specific services.

Issue 1 - Waiver of Predeposit and Stay of Recovery:
The appellant filed an application seeking waiver of predeposit and stay of recovery concerning an impugned demand, which included a substantial amount of approximately Rs.2.85 Crores demanded as duty for a specific period. Upon reviewing the records and arguments from both sides, the tribunal found a prima facie case in favor of the appellant against a significant portion of the demand, amounting to nearly Rs. 2.8 Crores. The appellant's counsel highlighted that this demand arose from the denial of CENVAT Credit on specific services, namely advertisement, sales promotion, and chartered accountant's service.

Issue 2 - Denial of CENVAT Credit on Services:
The denial of CENVAT Credit on the mentioned services was based on the adjudicating authority's assertion that there was no nexus between the final product's manufacture and these services. The appellant argued that all three services fell within the definition of "input services" as per Rule 2(l) of the CENVAT Credit Rules 2004. The tribunal noted that the appellant's final product was covered under Section 4A of the Central Excise Act, and the cost of services was not factored into the production cost. The appellant contended that the definition under Section 4 of the Act should apply to both Section 4 and Section 4A assessments.

Issue 3 - Interpretation of "Input Service" Definition:
The tribunal examined the definition of "input service" during the disputed period, which encompassed services used directly or indirectly in the manufacture of final products and clearance up to the place of removal. Notably, the definition explicitly included services like advertisement and sales promotion. The tribunal concluded that the appellant was entitled to CENVAT credit on the services in question without the need to establish a "nexus" between the services and the final product.

Issue 4 - Application of "Place of Removal" Definition:
The discussion also revolved around the application of the "place of removal" definition under Section 4 of the Central Excise Act to the transportation of materials by service providers to the appellant's premises. The appellant claimed CENVAT credit on such transportation, which the respondent argued was not permissible under the Act. However, the appellant's counsel emphasized that the cost of inputs and services was factored into the final product's costing, regardless of the specific section under which the product was covered.

Issue 5 - Entitlement to CENVAT Credit:
Ultimately, the tribunal granted waiver of predeposit and stay of recovery concerning the adjudged dues, acknowledging the appellant's entitlement to CENVAT credit on advertisement, sales promotion, and chartered accountant's service. The tribunal's decision was based on the explicit inclusion of these services in the definition of "input service," eliminating the need for further examination of the nexus between the services and the final product.

This detailed analysis of the judgment highlights the key issues addressed by the tribunal, including the interpretation of relevant legal provisions and the determination of the appellant's entitlement to CENVAT credit on specific services.