2018 (3) TMI 1375 - AT - Central Excise

CENVAT credit - input services - telephone services - insurance services - maintenance of vehicle - denial on account of nexus - Held that - The services availed by the appellant from the service provider of mobile phone and for insurance and maintenance of vehicles are integral part of the manufacturing activity inasmuch as, without such service, the appellant cannot smoothly transact its business of manufacturing as well as selling of its goods. Since the said services have nexus with the purpose, for which the appellant has setup its manufacturing unit, the same should be considered as input service under the amended definition of input service effective from 01.04.2011 - credit allowed. Utilization of services in the wind mill - Held that - such wind mill is a captive mill dedicated entirely for supplying the electrical energy to the appellant for accomplishing its manufacturing activity. It is only for the technological requirement that the wind mill should be located at a place in the higher altitude; the appellant had installed such mill outside its factory premises and used generated electricity there from for its manufacturing activity - service tax paid on the taxable service used in the wind mill cannot be denied to the appellant. Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Disallowance of Cenvat credit on taxable services availed by the appellant.
2. Interpretation of the definition of input service under the Central Excise Tariff Act, 1985.
3. Eligibility of services like telephone, insurance, and maintenance of vehicles as input services.
4. Utilization of services in a wind mill located outside the factory premises for manufacturing activities.

Analysis:
1. The appellant availed Cenvat Credit of Central Excise duty paid on various services, leading to the issuance of 9 show cause notices disputing the Cenvat credit. The adjudication resulted in disallowance of Cenvat credit by the Department, which was partially upheld by the ld. Commissioner (Appeals). The key contention was the absence of the phrase "activities relating to business" in the definition of input service post 01.04.2011, affecting the eligibility of disputed services as input services for the appellant.

2. The appellant argued that services like telephone, insurance, and vehicle maintenance are integral to the manufacturing activity, falling within the definition of input service for Cenvat credit. Reference was made to a previous Tribunal order allowing Service Tax credit on telephone service for the appellant. Additionally, the appellant justified the use of services in a wind mill outside the factory premises for manufacturing purposes, citing technological requirements and previous Tribunal decisions supporting the eligibility of such services for Cenvat credit.

3. The Revenue contended that the amended definition of input service post 01.04.2011 restricts Cenvat benefit to services used directly in or in relation to the manufacture of the final product. As the disputed services did not conform to this definition, the Revenue argued against granting Cenvat benefit to the appellant for these services.

4. Upon review, the Tribunal found that services like telephone, insurance, and vehicle maintenance were indeed integral to the manufacturing process, warranting consideration as input services under the amended definition effective from 01.04.2011. The Tribunal referenced its previous order supporting the inclusion of telephone service as an integral part of manufacturing activities. Regarding services used in the wind mill outside the factory premises, the Tribunal recognized the captive nature of the wind mill solely dedicated to supplying electricity for the manufacturing process. Citing previous decisions and the clear nexus between the services and manufacturing activities, the Tribunal allowed the appeal in favor of the appellant, emphasizing the eligibility of these services for Cenvat credit.

This detailed analysis highlights the key issues, arguments presented, legal interpretations, and the final decision of the Tribunal in favor of the appellant.