2016 (12) TMI 1383 - HC - Central Excise

CENVAT credit - tour operator service - rent a cab service - denial on the ground that tour operator and rent a cab services do not fall within the ambit of definition input services specified under Rule 2(1) of the Cenvat Credit Rules, 2004 - Held that - The scope of definition to the word includes has to be given a wider meaning and not a restricted meaning. The word includes denote in relation to manufacture or clearance of final products or in relation to providing an output service .All input services relating to activities relating to business are eligible for service tax credit due to use of word such as in the definition - availing of such services are necessary to the manufacture and transporting the workers to and fro from the factory is included under input services, in relation to the manufacture of excisable goods - credit allowed - appeal allowed - decided in favor of appellant-assessee.

Summary

Issues:
1. Eligibility of the assessee to avail input service credit for tour operator service and rent a cab service.

Analysis:
The case involved an appeal filed by the Revenue challenging a Tribunal's order against the Commissioner (Appeals) referring to a decision of the Apex Court. The Tribunal held that the Revenue failed to provide evidence to challenge the Commissioner's order, emphasizing the Commissioner's authority in such decisions on appeal. The dispute arose from the assessee availing Cenvat Credit on services of tour operators for employee transportation and rent-a-cab services for official purposes. The department contended that these services did not qualify as 'input services' under the Cenvat Credit Rules. The Commissioner (Appeals) disallowed the credit, leading to an appeal by the assessee, which was subsequently allowed by the Commissioner. The Revenue appealed to the Tribunal, which dismissed the appeal based on a precedent set by the Apex Court. The Revenue then approached the High Court challenging the Tribunal's decision.

The main issue revolved around the eligibility of the assessee to claim input service credit for tour operator and rent-a-cab services. The assessee argued that these services were essential for employee transportation related to the manufacture of excisable goods, falling under 'activities relating to business.' The Commissioner (Appeals) supported this argument, granting the credit. The Court analyzed the definition of 'input services' under the Cenvat Credit Rules, emphasizing a broader interpretation to include services related to manufacturing or providing output services. The Court noted that services like picking up and dropping workmen during production were considered as input services. It was established that the services availed had a direct nexus to the manufacture of goods, making them eligible for input service credit.

The Court upheld the decisions of the Commissioner and Tribunal, citing a previous judgment in a similar case where the assessee was granted service credit for tour operator and rent-a-cab services. The Court emphasized the necessity of such services for manufacturing activities and transporting workers, confirming their eligibility as input services. The Court rejected the Revenue's appeal, considering the issue settled based on previous rulings and the Apex Court's precedent. Consequently, the Court dismissed the appeal, affirming the Tribunal's order without costs.