2018 (4) TMI 1152 - AT - Central Excise

CENVAT credit - input services - CHA services - THC services - Cargo Handling services - C & F services - Held that - the issue of input service credit on CHA services, THC services, Cargo Handling services and C & F services is no longer res integra and is settled in the favour of the assessee in various judgments of the Tribunal - reliance placed in the case of Kemwell Biopharma Pvt. Ltd. Versus Commissioner of Central Excise & Service Tax, LTU 2016 (6) TMI 229 - CESTAT BANGALORE - appeal dismissed - decided against Revenue.

Summary

Issues involved:
- Contesting input service credit on various services including C.H.A. services, T.H.C. services, Cargo Handling services, and C & F services.
- Determining whether the mentioned services have a nexus with the manufacture of goods and are covered under the definition of "input services" during the relevant period.
- Analyzing the settled issue of input service credit based on previous Tribunal judgments and legal provisions.
- Deciding the appeal filed by the Revenue against the impugned order.

Detailed Analysis:
The present appeal before the Appellate Tribunal CESTAT Chandigarh involves contesting the input service credit on C.H.A. services, T.H.C. services, Cargo Handling services, and C & F services. The Revenue filed the appeal against the impugned order dated 28.06.2013, arguing that these services do not have a nexus with the manufacture of goods and are not covered under the definition of "input services" during the period from April 2006 to November 2010. The main ground of the Revenue is that these services are beyond the place of removal and not related to business activities.

During the hearing, the Appellate Tribunal heard arguments from both parties. The Ld. A.R. representing the Revenue contended that the services in question are not covered under the definition of input services as they have been used beyond the place of removal and are not related to business activities. On the other hand, the Ld. Advocate for the respondent argued that the issue has been settled in favor of the assessee in various Tribunal judgments, citing specific case laws to support their stance.

After considering the arguments and perusing the records, the Appellate Tribunal found that the issue of input service credit on the mentioned services is settled in favor of the assessee based on previous Tribunal judgments. Referring to the case of Kemwell Biopharma Pvt Ltd, the Tribunal highlighted the inclusive definition of "input services" under Rule 2(l) of Cenvat Credit Rules, 2004, which encompasses services related to setting up, modernization, renovation, or repairs of a factory, as well as activities relating to business such as accounting, auditing, financing, and quality control.

The Tribunal noted that the input services in question are related to the business of the appellant, including Customs House Agent Services used for export of finished goods. Citing precedents and legal provisions, the Tribunal emphasized that procedural violations like non-mentioning of the registration number of the service provider on invoices are not fatal to the appellant's case. Ultimately, the Tribunal dismissed the appeal filed by the Revenue, following the settled decisions and allowing all appeals of the appellant with consequential relief, if any.

In conclusion, the Appellate Tribunal upheld the settled position regarding input service credit on the mentioned services, emphasizing that the impugned order was not sustainable in law and thus set aside, ruling in favor of the appellant.