2009 (6) TMI 88 - AT - Service Tax

Cenvat Credit Input Services personal use - mobile phones and maintenance of motor vehicles - appellants are engaged in the manufacture of motor vehicles and its parts. The appellants have provided mobile phones to their employees and also maintaining the vehicles like bus and cars for providing transport facilities to their employees. On these two services the appellants have to pay service tax and have availed Cenvat credit as input services. The appellants were sewed show cause notices and the Cenvat credit availed by them have been disallowed and the same was confirmed vide order in-appeal held that - The adjudicating authority did not give any finding that the said ser vices availed by the appellants are not used for providing output service or used in or in relation to manufacture of finished goods. Otherwise he hold that the appellant failed to establish that the said services have been fully used for the purpose of business. - the mobile phones are all standing in the name of the company and used by the employees in relation to the work only and incidentally can be used for personal work but that by itself is no ground to deny the credit

Summary

Issues:
Entitlement of Cenvat credit for service tax paid on mobile phones and maintenance of motor vehicles provided to employees.

Analysis:
In this judgment by the Appellate Tribunal CESTAT, Mumbai, the central issue revolved around the entitlement of Cenvat credit for service tax paid by the appellants on the use of mobile phones and maintenance of motor vehicles provided to their employees. The appellants, engaged in manufacturing motor vehicles and parts, had availed Cenvat credit for the service tax paid on these two services, which was subsequently disallowed and confirmed by the order in-appeal.

The learned Counsel for the appellants argued that the adjudication heavily relied on a statement alleging lack of control over the use of mobile phones and vehicles by the employees, leading to the denial of credit. The Counsel cited various judgments to support their claim, emphasizing the comprehensiveness of the term 'in relation' under the Finance Act, 1994, and the admissibility of Cenvat credit for service tax paid on mobile phones used for official purposes.

On the other hand, the learned SDR relied on a specific circular regarding the admissibility of Cenvat credit on mobile charges, highlighting the requirement for the mobile phone to be used for providing output service or in relation to the manufacture of finished goods. The SDR contended that the appellants failed to prove the full business use of these services, as evidenced by incomplete details in the submitted vehicle duty slips and monthly mobile charge debits to employees' accounts.

The Tribunal, after considering the arguments and facts presented, referred to previous decisions emphasizing the permissibility of incidental personal use of mobile phones by employees without denying Cenvat credit. The Tribunal concluded that the appellants were entitled to avail credit as input services up to the allotted limits, remanding the case to ascertain the taxable service beyond the limits for both mobile bills and vehicle usage. The adjudicating authority was directed to issue an appropriate order within four months, ensuring adherence to natural justice principles.

In conclusion, the judgment underscored the importance of establishing the business purpose of services to claim Cenvat credit, allowing the appeals by remand for further assessment of taxable services provided through mobile phones and vehicles to employees.