2009 (6) TMI 96 - AT - Service Tax

Credit - Mobile/Landline Phones - there is no material available that phones were not used in relation to the business activities. There is no specific provision in Cenvat Credit Rules that mobile phone would be used exclusively in relation to the manufacturing process in business activities. So the Commissioner (Appeals) rightly allowed the credit on Mobile and Landline phones. in respect of credit on Rent-a-cab service the taxis were hired and utilized by the employees of the unit and in their business activities - There is no material available that Rent-a-Cab was utilized otherwise. So credit is allowable - that service tax paid on premium of General Insurance towards the losses due to fire machinery breakdown cash handling group gratuity and group accident policy is eligible for credit. - held that courier service for inward freight is eligible for input credit. in view of the fact that place of removal in the case of FOB export has to be treated as port of export Credit on C&F services used in relation to export goods at the port of export is allowable credit on Air travel pager and maintenance services is allowed

Issues:
1. Admissibility of credit on mobile/landline phones.
2. Admissibility of credit on rent-a-cab service.
3. Admissibility of credit on insurance premium.
4. Admissibility of credit on courier (inward freight) service.
5. Admissibility of credit on C&F services.
6. Admissibility of credit on air travel, pager, maintenance, and repair services.

Admissibility of Credit on Mobile/Landline Phones:
The original authority disallowed credit on the basis of unfavorable documents, but the Commissioner (Appeals) found the documents valid, showing the address of the respondents. The Commissioner observed that the phones were used in business activities, and the absence of a specific rule requiring exclusive use for manufacturing supported allowing the credit. Citing a Gujarat High Court case, it was established that credit cannot be denied when phones are installed in the factory premises. The Tribunal upheld the Commissioner's decision, allowing credit on mobile and landline phones.

Admissibility of Credit on Rent-a-Cab Service:
Initially denied, the credit on rent-a-cab service was allowed by the Commissioner (Appeals) after verifying that the taxis were used by employees for business activities. The Tribunal precedent supported eligibility for input credit on rent-a-cab services. Despite arguments against exclusive business use, the Commissioner's decision to allow the credit was upheld due to lack of evidence to the contrary.

Admissibility of Credit on Insurance Premium:
Initially disallowed, the Commissioner (Appeals) deemed service tax on certain insurance premiums eligible for credit, citing specific coverage types like fire, machinery breakdown, and group policies. The Tribunal precedent supported credit eligibility for group insurance health policies, aligning with the Commissioner's decision. Despite objections regarding coverage of individual persons/staff, the credit on insurance premium was upheld.

Admissibility of Credit on Courier (Inward Freight) Service:
The original denial of credit on courier (inward freight) service was overturned by the Commissioner (Appeals) after confirming registration details and usage for business activities. The Tribunal precedent established eligibility for input credit on courier services related to business activities, supporting the Commissioner's decision to allow the credit.

Admissibility of Credit on C&F Services:
Initially contested, the credit on C&F services was allowed by the Commissioner (Appeals) for export-related charges at the port of export, supported by photocopies of service provider registration certificates. Citing a Tribunal decision, the credit on C&F agent services was deemed eligible, considering the port of export as the place of removal. The Commissioner's decision to allow the credit on C&F services was upheld.

Admissibility of Credit on Air Travel, Pager, Maintenance, and Repair Services:
Initially partially denied, the credit on these services was allowed partly by the Commissioner (Appeals) after document verification. The decision was supported as there was no reason to completely deny the credit based on the verified documents. The Tribunal upheld the Commissioner's decision, leading to the rejection of the Revenue's appeal.

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