2009 (1) TMI 193 - AT - Service Tax

Cenvat Credit on Mobile Phones Commissioner (Appeals) had passed the impugned orders consistent with the interpretation of the provisions by the Hon ble High Court of Gujarat. The mobile phones in question were used for official purpose. It has to be held that use of the phones was in or in relation to manufacture of excisable goods by the respondents. In view of the Board s Circular dated 23-8-2007 the Revenue has taken superceded instructions of the Board s earlier circular as a ground to assail the impugned orders. In terms of the Board s clarification contained in Circular dated 23-8-2007 cases of use of phones found in the instant cases constituted input service and the service tax credit was admissible as CENVAT credit. - the ground on which the credit was disallowed namely the phones were not installed in the factory premises cannot be termed to be a ground germane to the provisions of the Rules relevant for the present purpose credit is allowed.

Summary

Issues:
- Interpretation of service tax credit rules regarding the use of mobile phones for official purposes.
- Applicability of circulars issued by the Central Board of Excise and Customs (CBEC) in determining service tax credit eligibility.
- Consistency of lower appellate authority's decision with High Court judgments and CBEC circulars.

Analysis:
1. Interpretation of Service Tax Credit Rules: The Commissioner (Appeals) vacated demands for service tax credit availed by the appellants related to the use of mobile phones for official purposes. The original authority disallowed the credit based on a circular from 2003 under the erstwhile Service Tax Credit Rules. However, the Commissioner (A) found that the CENVAT Credit Rules, 2004, which came into effect later, did not contain the same prohibition. It was held that since the mobile phones facilitated the business of the assessee, the appellants were eligible for the credit.

2. Applicability of CBEC Circulars: The Revenue sought to vacate the orders, arguing that they were inconsistent with CBEC circulars. Referring to a Supreme Court judgment, the Revenue contended that authorities were bound by CBEC instructions. The Commissioner (A) was criticized for not applying a circular post the enactment of the CENVAT Credit Rules, 2004. However, the appellants cited a later circular clarifying that service tax credit for mobile telephones was admissible post-2004, provided they were used for specific purposes.

3. Consistency with High Court Judgments: The Tribunal considered the submissions and High Court judgments. It was noted that the Commissioner (Appeals) had aligned the impugned orders with the interpretation of provisions by the High Court of Gujarat. The use of mobile phones for official purposes, in relation to manufacturing excisable goods, was deemed eligible for service tax credit. The Tribunal upheld the lower authority's decision, emphasizing that the use of phones constituted input services as per the Board's circular and the High Court's judgment.

In conclusion, the Tribunal found no grounds for intervention in the impugned orders and dismissed the appeals filed by the Revenue. The decision was based on the consistent interpretation of rules, circulars, and judicial precedents regarding the admissibility of service tax credit for the use of mobile phones in business operations.