2018 (3) TMI 924 - AT - Central Excise

CENVAT credit - input services - Pandal Shamiana - denial on the premise that Pandal Shamiana used for Vishwkarma Pooja for organizing Olympiad competition and Deepotsav is not related to their manufacturing activity in terms of Rule 2 (l) of the CCR 2004 - Held that - the appellant is entitled to avail cenvat credit on the services of Pandal Shaminana used for Vishwkarma Pooja - the said activity is directly related to the manufacturing activity of the appellant and on the said activity, the appellant is entitled to avail cenvat credit. For Deepotsava, the said Deepotsav have no nexus with the activity of manufacturing. In fact, without Deepotsav also manufacturing can take place, therefore, on the said activity, the appellant is not entitled to avail cenvat credit as the same has no nexus directly or indirectly with the manufacturing activity. For Olympiad organised by the appellant, the said Olympiad function organised by outside agency and no participations of the appellant shows that there is no nexus with manufacturing activity of the appellant - the appellant is not entitled to avail cenvat credit on the said service. No penalty is imposable on the appellant - appeal allowed in part.

Issues involved:
1. Denial of cenvat credit on Pandal Shamiana for Vishwkarma Pooja, Deepotsav, and Olympiad.
2. Entitlement to cenvat credit for activities related to manufacturing.
3. Justification for denial of cenvat credit on certain activities.
4. Imposition of penalty on the appellant.

Analysis:

1. Denial of cenvat credit on Pandal Shamiana:
The appellant appealed against the denial of cenvat credit on Pandal Shamiana used for Vishwkarma Pooja, Deepotsav, and Olympiad. The consultant argued that Vishwkarma Pooja is essential for the workers to start working with the machines, directly linking it to manufacturing activity. The tribunal found that Vishwkarma Pooja is customary in manufacturing entities and directly related to manufacturing, allowing cenvat credit for this activity. However, Deepotsav, organized to avoid employee hindrances during manufacturing, was deemed to have no nexus with manufacturing activity, thus denying cenvat credit. The Olympiad, sponsored by the appellant but organized by an outsider, was not considered directly related to manufacturing, and lacking evidence of being an advertisement expense, cenvat credit was denied for this activity.

2. Entitlement to cenvat credit for manufacturing-related activities:
The tribunal held that Vishwkarma Pooja, being a customary practice for worship of plant and machinery, directly linked to manufacturing, qualifies for cenvat credit. However, Deepotsav, aimed at avoiding hindrances during manufacturing, was not considered directly or indirectly related to manufacturing, leading to the denial of cenvat credit. The Olympiad, organized by an outsider and lacking evidence of being an advertisement expense, was also deemed unrelated to manufacturing, resulting in the denial of cenvat credit for this activity.

3. Justification for denial of cenvat credit on certain activities:
The tribunal justified the denial of cenvat credit on Deepotsav and the Olympiad due to the lack of a direct nexus with manufacturing activities. Deepotsav was deemed unnecessary for manufacturing, and the Olympiad lacked evidence of being an advertisement expense or having a connection to manufacturing. Therefore, cenvat credit was not allowed for these activities, contrasting with the approval granted for Vishwkarma Pooja due to its direct link to manufacturing.

4. Imposition of penalty:
As the adjudicating authority dropped the charges against the appellant, no penalty was imposed on the appellant in this case. The tribunal disposed of the appeal accordingly, considering the circumstances and the findings related to cenvat credit for different activities.

This detailed analysis of the judgment addresses the issues involved comprehensively, outlining the reasoning behind the decision on each activity related to cenvat credit and the imposition of penalties.

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