2016 (9) TMI 534 - AT - Central Excise

Cenvat credit - Service Tax paid on service charges to M/s. Broadgate Technical Service, for the pay roll preparation of employees of the appellants company - Held that - appellant is correct in submitting that the nature of the impugned service is very essential to run the business of appellants and the service in dispute was availed to maintain back up, employees pay roll maintenance and pay slip generation. The definition of input service, as contained in Rule 2(l) of Cenvat Credit Rules, 2004 speaks about service used in relation to activities relating to business such as accounting, auditing, financing etc. payroll processing of employees is part of maintaining proper accounts, which is necessary for upkeep of tax accounting. In the appellants own case on similar set of facts for the previous period this Tribunal had passed the order in favour of the appellant reported in 2016 (9) TMI 494 - CESTAT CHENNAI . - Decided in favour of appellant

Summary

Issues: Eligibility of availing Cenvat Credit for service tax paid on payroll preparation service.

Analysis:
1. The appellant, a manufacturer of engine parts and air compressor parts, availed credit of excise/service tax paid on inputs, capital goods, and input service under the Cenvat Credit Rules, 2004. A Show Cause Notice was issued alleging that the appellant was not eligible to avail credit for service tax paid on payroll preparation service to a specific company. The appellant argued that payroll preparation is integral to their manufacturing activity and falls under the definition of input service as per the rules.

2. The Additional Commissioner confirmed the demand and ordered recovery under the Cenvat Credit Rules, 2004. An appeal to the Commissioner (Appeals) did not favor the appellant, leading to the present appeal before the Tribunal.

3. During the hearing, the appellant's counsel argued that the payroll preparation service is essential for the smooth functioning of the business, including maintaining proper accounts for tax purposes. The definition of input service under the Cenvat Credit Rules, 2004 includes services related to business activities like accounting, which payroll processing is a part of. Reference was made to a previous case where a similar issue was decided in favor of the appellant.

4. The Revenue's representative contended that the payroll processing service does not qualify as an input service as it is not connected with accounting. However, the Tribunal held that the nature of the service is crucial for the appellant's business operations, including maintaining employee payroll and generating pay slips. The Tribunal referred to a previous case where it was established that payroll processing is part of maintaining proper accounts, making it eligible for credit under the Cenvat Credit Rules, 2004.

5. Ultimately, the Tribunal allowed the appeal, emphasizing the importance of the payroll preparation service for the appellant's business and its alignment with the definition of input service under the Cenvat Credit Rules, 2004. The decision was based on the essential nature of the service in facilitating business operations and maintaining proper accounts for tax compliance.