2018 (8) TMI 536 - AT - Central Excise

CENVAT Credit - various input services - car hiring services - aircraft hiring services - subscription to membership charges - online information & database access service - training service - advertisement & publicity service - denial on account of nexus. Aircraft hiring services - Held that - Since there is exclusion provided in respect of certain services which exclude such services which are used for personal use. It is necessary to establish that whether the input services, on which the credit availed by the appellant; is for personal use of the employees of the appellant. This being a matter of facts needs verification from the records of the appellant - matter on remand. Subscription to membership charges - Held that - The subscription is in respect of associations such as the Chambers of Commerce and Indian Business Council. Subscription of these associations and Chambers are only for the purpose of business of the assessee. This issue of credit in respect of Business subscription has been considered by this Tribunal in many cases and in respect of all the business associations subscription was held as admissible input service, and the credit was allowed - credit allowed. Online information and database access service - training services - advertisement service and publicity services - Held that - All these three services are specifically in the inclusion clause of the definition of input services - In respect of services which are included in the inclusion clause, the assessee need not to establish nexus - credit allowed. Appeal allowed in part and part matter on remand.

Summary

Issues:
1. Admissibility of Cenvat credit for various services availed by the appellant.
2. Nexus of input services with the manufacturing activity.
3. Exclusion of services used for personal purposes from Cenvat credit eligibility.
4. Verification of expenses borne by the appellant for car hiring and aircraft hiring.
5. Subscription to membership charges as an admissible input service.
6. Inclusion of online information & database access service, training service, and advertisement & publicity service in the definition of input services.
7. Requirement to establish nexus for certain services.

Analysis:

The appellant, engaged in manufacturing steel pipes, availed Cenvat credit for services like car hiring, aircraft hiring, subscription to membership charges, online information & database access service, training service, and advertisement & publicity service. The credit was denied citing lack of nexus with manufacturing activity and personal use of car and aircraft hiring. The appellant contended that car and aircraft hiring were for official staff travel, subscription for business chambers, and other services were covered under the inclusive clause of input services.

The Counsel argued that car and aircraft hiring were for official purposes, subscription was for business associations, and other services were explicitly included as input services. Various case laws were cited to support the claim. The Revenue argued that no evidence was provided to establish non-personal use of services, leading to the denial of credit. The exclusion clause from 01.04.2011 disallowed services used for personal purposes from Cenvat credit.

The Tribunal considered both arguments and found that if services were used for the company and expenses borne by the appellant, credit was admissible. Subscription to business associations was deemed an admissible input service based on precedents. Other services like online information access, training, and advertisement were included in the definition of input services, requiring no further nexus establishment. The matter of car and aircraft hiring was remanded for verification, while credit for other services was allowed. The impugned order was set aside, and the appeal was partly allowed based on the above terms.

This comprehensive analysis addresses the issues of admissibility of Cenvat credit, nexus with manufacturing activity, exclusion of personal use services, verification of expenses, subscription to membership charges, inclusion of various services in input services definition, and the requirement to establish nexus for specific services, as per the detailed judgment by the Appellate Tribunal CESTAT AHMEDABAD.