2008 (9) TMI 137 - AT - Service Tax

Cenvat credit in respect of mobile phones - assessee has given a specific undertaking to use the mobile phone for official purposes only - Board, vide F. No. 149/6/2006-CX.4, dated 19-7-2006 has clarified the issue in favour of assessee - held that service tax paid on mobile phone is available as credit to eligible service providers of output service and manufacturers in the absence of any express prohibition under Cenvat Credit Rules, 2004 revenue s appeal rejected

Summary

Issues:
1. Denial of Cenvat credit in respect of mobile phones.

Analysis:
The appeal arose from an Order-in-Appeal that set aside the Order-in-Original denying Cenvat credit for mobile phones. The issue revolved around whether mobile telephones used by company officials could be considered as input services for manufacturing activity and if service tax on these services was eligible for Cenvat credit under the Cenvat Credit Rules, 2004. The Commissioner (Appeals) considered the Board's clarification that there was no restriction on availing credit for mobile telephone connections under the Rules if used as input services for providing output service or in relation to manufacturing. The appellant contended that the phones were provided to company officers for manufacturing activities, supported by specific submissions. The Commissioner held in favor of the appellant, citing a similar case where Cenvat credit on mobile telephones was allowed.

The Revenue was aggrieved by the Commissioner's order and the matter was heard by the Tribunal. The Tribunal found the Commissioner's order to be legal and proper based on the Board's Circular. The Counsel relied on several judgments, including Maini Precision Products Pvt. Ltd., Indian Rayon & Industries Ltd., Excel Crop Care Ltd., among others, which established that service tax paid on mobile phones was creditable under the Cenvat Credit Rules, 2004. The Tribunal rejected the appeal, noting that the appellant had undertaken to use the mobile phones for official purposes only, in line with the findings of the Commissioner and the precedents set by the cited judgments.

The Tribunal's decision was supported by the legal principles outlined in various judgments, emphasizing that service tax paid on mobile phones was eligible for credit under the Cenvat Credit Rules, 2004, as long as there was no express prohibition. The Tribunal's analysis considered the specific facts of the case, the appellant's undertaking regarding the use of mobile phones, and the established legal precedents confirming the creditability of service tax paid on mobile phones. Ultimately, the Tribunal rejected the Revenue's appeal, upholding the Commissioner's order and the appellant's eligibility for Cenvat credit on mobile phones used for official purposes in manufacturing activities.