2018 (11) TMI 1445 - AT - Central Excise

CENVAT Credit - input services - Vehicle Insurance - Vehicle Maintenance - Clearing and Forwarding (C&F) Service - Rent-a-cab Service - Port Service - period April, 2007 to March, 2011 - Held that - This Bench of the Tribunal in the appellant s own case M/S. DIAMOND ENGINEERING (CHENNAI) PVT. LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, CHENNAI-IV 2017 (7) TMI 710 - CESTAT CHENNAI , has held that Insurance of vehicles and their maintenance has to be treated as input services in terms of Rule 2(l) of Cenvat Credit Rules, 2004, in as much as, they are related to the manufacturing activities of the assessee. Division Bench of CESTAT, Chennai in the case of M/s. Madras Cements Ltd. 2018 (5) TMI 411 - CESTAT CHENNAI while considering the situation prior to 01.04.2011 has discussed the definition of input services and has held The credit allowed in respect of construction of residential complex and services relating to vehicle maintenance and repair service and vehicle insurance are eligible for credit - the C&F Service and Port Service are essentially the services provided in relation to the manufacture of final products and therefore, the appellant is entitled to avail the CENVAT Credit on the same. Appeal allowed - decided in favor of appellant.

Summary

Issues:
Denial of CENVAT Credit on Vehicle Insurance, Vehicle Maintenance, Clearing and Forwarding (C&F) Service, Rent-a-cab Service, and Port Service.

Analysis:

1. Vehicle Insurance and Vehicle Maintenance: The appeal challenged the denial of CENVAT Credit on Vehicle Insurance and Maintenance. The Advocate argued that the issue was covered in their favor by previous Orders. The Tribunal considered the earlier rulings and found that post-01.04.2011, Motor Vehicle Insurance and Maintenance Charges were excluded from the definition of "Input Services." However, for the period before this amendment, the credit could be availed. The Tribunal cited decisions from the Karnataka and Madras High Courts to support the argument that if the credit was not utilized, interest liability would not arise. The Tribunal ruled in favor of the appellant based on these findings.

2. Clearing and Forwarding (C&F) Service and Port Service: The Division Bench of CESTAT, Chennai discussed the definition of "input services" for the period before 01.04.2011. The definition included services used directly or indirectly in relation to the manufacture of final products. The Bench held that C&F Service and Port Service were essential for the manufacture of final products, allowing the appellant to avail CENVAT Credit on these services. The appeal was allowed with consequential benefits as per law.

In conclusion, the Tribunal allowed the appeal, granting CENVAT Credit on Vehicle Insurance, Vehicle Maintenance, Clearing and Forwarding (C&F) Service, and Port Service for the relevant period before the amendment dated 01.04.2011. The decision was based on the interpretation of "input services" and previous rulings supporting the appellant's arguments regarding the utilization of credit and interest liability.