2017 (9) TMI 1995 - AT - Central Excise

Disallowance of CENVAT Credit - tax charged by provider of foreign travel research development and outward courier services - period between June 2013 and January 2014 - HELD THAT - Admittedly the foreign travel expenses were incurred for staff to travel abroad for business purposes. Appellant is a manufacturer and the business of manufacturing does not preclude activities relating to manufacture outside the country. Likewise the courier was entrusted with dispatch of documents and correspondence from the office of the appellant which can be presumed to have been in connection with its principal activity. Furthermore it is inconceivable that research development could have been in connection with anything other than manufacture. It would appear that the disallowance were on frivolous grounds without considering the nature of the services - Appeal allowed.

Summary

Issues: Disallowance of CENVAT credit on foreign travel, research & development, and outward courier services.

Analysis:
1. The impugned order confirmed the disallowance of CENVAT credit amounting to Rs. 1,86,779 along with interest and imposed a penalty of Rs. 60,000 under rule 15(1) of CENVAT Credit Rules, 2004. The appellant challenged this disallowance of credit availed on tax charged by providers of 'foreign travel,' 'research & development,' and 'outward courier' services between June 2013 and January 2014.

2. The first appellate authority based its decision on the amended definition of Input Services effective from 01.04.2011, which did not explicitly include the aforementioned services. The authority held that the appellant failed to establish a nexus between the services availed and their manufacturing activity, as required by Rule 2(l) of CENVAT Credit Rules, 2004.

3. However, despite the absence of these services in the enumerated inclusions and the deletion of certain phrases, the appellant was only required to demonstrate a connection between such services and their manufacturing activity to be eligible for credit. The foreign travel expenses were incurred for business purposes related to manufacturing, and the courier services were directly linked to the dispatch of documents from the appellant's office. Additionally, research & development activities were inherently connected to the manufacturing process.

4. The Tribunal found the grounds for disallowance to be frivolous, as the nature of the services clearly indicated a connection to the appellant's manufacturing activity. Therefore, the impugned order was set aside, and the appeal was allowed.