2017 (9) TMI 611 - AT - Central Excise

CENVAT credit - input services - denial on account of nexus - Held that - the CENVAT credit with respect to freight outwards of ₹ 32,482/- have been remanded to the adjudicating authority for reconsideration, CENVAT credit relating to canteen services, labour charges on civil work, telecommunication services are confirmed as not contested. So far the other services are concerned, all have been allowed - appeal is allowed and is remanded only with respect to freight outwards. Penalty - Held that - the issue is wholly of interpretation in nature and that there is no suppression of any facts from the Revenue as all the transactions are properly recorded in the books of accounts ordinarily maintained in the course of business. Accordingly, the penalty retained by the learned Commissioner (Appeals) is set aside. Interest - Held that - So far as interest is concerned, on amount of CENVAT credit on inputs services reversed, appellant is directed to pay the same in accordance with the law. Appeal allowed in part and part matter on remand.

Summary

Issues Involved:
Contesting disallowance of input services under CENVAT Credit Rules for the period April 2010 to December 2010.

Analysis:
1. Annual Gathering Services: The expenditure on annual gathering meetings was contested, arguing that it indirectly benefits manufacturing activity. The Tribunal found this expenditure allowable as it has an indirect relation to the manufacturing of finished goods.

2. Catering Services: The appellant did not contest the disallowance under this head and reversed the amount, which was accepted by the Tribunal.

3. Driver Hiring Charges: The hiring charges for drivers were contested, stating they are integral to the manufacturing activity. The Tribunal allowed the CENVAT credit as the plying of vehicles is directly related to manufacturing activity.

4. Financial Banking & Share Broking Services: The expenses related to financing were contested, emphasizing the importance of finance in manufacturing activities. The Tribunal allowed these expenses as they are related to the manufacture of final products.

5. Freight Outwards: The disallowed amount for delivery expenses was remanded for verification based on purchase order details to ensure compliance with applicable regulations.

6. Hall Hiring Charges: The charges for hiring halls for meetings were allowed as essential for a limited company in compliance with the Companies Act.

7. Insurance: The Tribunal allowed the CENVAT credit on insurance for covering unforeseen accidents as essential business expenditure.

8. Labour Charges on Civil Work: The appellant did not contest this disallowance, and the amount was reversed, which was accepted by the Tribunal.

9. Online Data Access Services: The services for networking and online data access were allowed based on precedent decisions.

10. Repairs & Maintenances Services: The expenses for repairs and maintenance were allowed as essential business expenditure related to manufacturing activity.

11. Subscription Charges: Subscription to industry associations was allowed as essential for keeping track of industrial news for smooth industry operations.

12. Telecommunication Services: The appellant did not contest this disallowance, and the amount was reversed, which was accepted by the Tribunal.

13. Xerox: The expenses for Xerox services were allowed as essential business expenditure related to the business and manufacture of finished goods.

14. Mandap Keeper Services: The expenses for erecting sheds during monsoon season were allowed as related to the production of finished goods and raw materials.

In conclusion, the Tribunal allowed most of the contested input services as they were found to be related to the manufacturing activity. The appeal was allowed, and the penalty was set aside due to no suppression of facts, with directions to pay interest on the reversed CENVAT credit.