2016 (11) TMI 109 - AT - Service Tax

CENVAT credit - input services - domestic and international travel ticket - reliance placed upon the judgement in the case of M/s Semco Electrical Pvt Ltd Vs CCE Pune 2009 (12) TMI 143 - CESTAT, MUMBAI - Held that - there is nothing wrong in the impugned order allowing the CENVAT credit on domestic and international travel ticket as the Air travel services have been availed for the purpose of travel of software engineers outside India for on site services rendered at customers s place. This is a valid input service as it relates to business activity and also covered by the ratio of the judgment in the case of Semco Electrical Pvt Ltd Vs CCE - appeal dismissed - decided against Revenue.

Summary

Issues:
- Appeal against order allowing CENVAT credit on input services
- Eligibility of CENVAT credit on domestic and international travel tickets
- Interpretation of relevant legal provisions

Analysis:
The appeal before the Appellate Tribunal CESTAT Bangalore pertained to the Commissioner (Appeals) allowing the CENVAT credit on various input services, against which the Revenue filed the present appeal. The facts of the case involved a refund claim filed by the respondent for unutilized CENVAT credit on input services used for taxable services exported during a specific period. The Assistant Commissioner had sanctioned a partial refund and rejected the balance, citing reasons such as ineligibility of refund claim for the period before registration and time-barred claim under Section 11B of the Central Excise Act 1944. The assessee appealed, seeking a refund of the rejected amount, which was disposed of by allowing the CENVAT credit on various input services.

Upon reviewing the impugned judgment, the Judicial Member noted that the impugned order correctly allowed the CENVAT credit on domestic and international travel tickets. The Air travel services were availed for the travel of software engineers outside India for on-site services rendered at customers' locations, which directly related to the business activity. The Judicial Member found the input service to be valid and covered by the precedent set in the case of Semco Electrical Pvt Ltd Vs CCE. Consequently, the appeal of the Revenue was dismissed, and the order-in-appeal allowing the CENVAT credit was upheld.

In conclusion, the Tribunal affirmed the decision of the Commissioner (Appeals) to allow the CENVAT credit on input services, specifically domestic and international travel tickets, as they were deemed valid for business activities. The judgment emphasized the importance of establishing a direct nexus between input services and business operations, as well as the relevance of legal precedents in determining the eligibility of CENVAT credit.