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Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (6) TMI AT This

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2017 (6) TMI 268 - AT - Central Excise


Issues: Admissibility of CENVAT Credit for various services

Miscellaneous Fabrication and Erection Service:
The appellant contended that this service is related to repair and maintenance of plant and machinery, not structural construction, making it admissible for CENVAT Credit. Supported by Tribunal decisions. The judge found in favor of the appellant, citing similar precedents.

Male Nurse Service:
The service provided in the factory's in-house dispensary for employees' treatment was denied credit for being considered personal use. The appellant argued it was statutory and directly related to manufacturing activities. Supported by relevant judgments, the judge ruled in favor of the appellant.

Service for Traveling Expenses:
The appellant claimed these services were directly used in the overall business, such as for staff traveling for business-related activities. Supported by judgments, the judge found the service to be an input service related to the business activity, allowing the CENVAT Credit.

Membership Subscription Service:
The subscription for a Chemical Magazine aimed at improving technical staff performance was deemed directly useful for production. The judge allowed the membership subscription as an input service, supported by relevant decisions.

The judge carefully considered submissions from both sides and found all services directly or indirectly related to the production or overall business activity of the appellant. Citing precedents, the judge ruled in favor of the appellant for all services, concluding that they were admissible input services. As a result, the impugned order was modified, and the appeals were allowed.

 

 

 

 

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