2009 (4) TMI 141 - AT - Service Tax

Cenvat Credit Input Services - rejection of Cenvat credit on service tax paid on storage and warehousing services, security agency services and manpower recruitment and supply services and courier services and on photocopying of documents service held that - The fact that in case of credit on input excise credit or service tax credit if the excise duty or service tax has been paid and even if it is wrongly paid, the appellant is eligible for credit, is no longer res integra and therefore, Commissioner s reliance on the Board Circulars is misplaced Cenvat credit on security services for warehousing is permissible regarding manpower service, courier service etc. facts needs to be examined - Commissioner (Appeals) has not considered several decisions of the Tribunal and also in the case of security services, he seems to have travelled beyond the terms of show cause notice, it would be fair to remand the matter to the Commissioner (Appeals)

Summary

Issues: Appeal against rejection of Cenvat credit on various services including storage and warehousing, security agency, manpower recruitment, courier services, and photocopying of documents service.

Storage and Warehousing Services: The appellant's Cenvat credit on service tax paid for storage and warehousing services was denied. The appellant argued that if service tax has been paid, Cenvat credit cannot be denied at the recipient's end. The Commissioner's reliance on Board Circulars was deemed misplaced as the appellant cited Tribunal decisions supporting their eligibility for credit. The matter was remanded for further consideration by the Commissioner (Appeals) to review the Tribunal decisions and legal issues.

Security Agency Services: The credit for security agency services was proposed to be denied as the services were not directly or indirectly used in or in relation to the manufacture of final products. The Commissioner relied on Board circulars, while the appellant cited Tribunal decisions and a Ministry press note to support their claim for credit. The Tribunal found merit in the appellant's argument and remanded the matter for verification and reconsideration by the Commissioner (Appeals).

Manpower Recruitment and Supply Services: The Commissioner (Appeals) did not allow the service tax benefit for manpower supply agency services, stating lack of evidence that raw materials were stored or warehoused where the services were provided. The appellant argued that the Commissioner exceeded the show cause notice's scope. The Tribunal found the need for verification of facts and remanded the matter for a fresh decision after considering the submissions and legal issues.

Courier Services: The appellant sought Cenvat credit for courier services used in dispatching samples of finished goods and letters, claiming it falls under the definition of input services. The Tribunal agreed with the appellant's argument, finding it directly related to the business activity, and remanded the matter to the Commissioner (Appeals) for further consideration.

The Tribunal, after considering submissions from both sides, remanded the entire matter to the Commissioner (Appeals) for a fresh decision. The Commissioner was directed to review the Tribunal decisions cited by the appellant, analyze the facts, and consider the legal issues before making a final determination. The impugned order was set aside, and the appellant was given the opportunity to present their case before a new decision was reached.