2019 (4) TMI 1063 - AT - Central Excise

CENVAT credit - inputs - M.S. Channels, MS plates, HR plates, pipes, etc falling under chapter 72 - input services - Air Travel Agent services and travelling expenses. Input services - Air Travel Agent services - travelling expenses - Forex Broker - Insurance- Gratuity - Repairs Maintenance Expenses - Insurance Expenses - Vehicle Expenses - Motor car expenses - HELD THAT - All these services are used either in or relation to manufacture or overall business activities of the company. This tribunal in various judgments allowed the credit on all these services - appellant is entitled for Cenvat credit. Inputs - steel items that is M.s. channels, plates, coil, etc, -no proper verification done - HELD THAT - Merely by seeing from the photographs, without physical verification, how it can be decided that whether the steel items were used in repair maintenance or for making support structure. Therefore, the finding of the Commissioner (A) is not based on the fact but it is on his own assumption - Since, no verification was carried out by the department as regard actual use of the said goods, matter needs reconsideration - matter on remand. Appeal allowed in part and part matter on remand.

Summary

Issues Involved:
1. Entitlement of Cenvat credit for input services like Air Travel Agent services and travelling expenses.
2. Entitlement of Cenvat credit for inputs like M.S. Channels, MS plates, HR plates, pipes, etc falling under chapter 72.
3. Determination of admissibility of Cenvat credit based on usage of services and goods.
4. Discrepancy in the decision regarding the use of steel items for repair and maintenance or as support structure.
5. Reconsideration of limitation issue by the Adjudicating Authority.

Analysis:
1. The appellant claimed Cenvat credit for input services such as Air Travel Agent services and travelling expenses, arguing that these services were used for official work purposes, including the travel of employees and Chinese engineers, along with related expenses like vehicle, insurance, and maintenance. The tribunal found that these services were used in relation to the company's manufacturing or overall business activities, and previous judgments supported allowing credit on such services. Therefore, the appellant was deemed entitled to Cenvat credit for the mentioned services.

2. Regarding the entitlement of Cenvat credit for inputs like M.S. Channels, plates, coils, etc used in the repair and maintenance of plant and machinery, the appellant provided evidence through photographs showing the usage of these goods. However, the Commissioner (Appeal) contended that these items were used as support structures, which were excluded from the definition of inputs. The tribunal expressed surprise at the decision based solely on photographs without physical verification and emphasized the need for factual verification. The matter was remanded to the Adjudicating Authority for verification of the actual use of steel goods, with the instruction to allow credit if they were indeed used in repair and maintenance.

3. The tribunal highlighted the importance of verifying the actual use of goods before determining the admissibility of Cenvat credit, emphasizing that decisions should be based on facts rather than assumptions. The Adjudicating Authority was tasked with reconsidering the issue of limitation and ensuring a thorough examination of the facts related to the usage of steel items for repair and maintenance purposes.

4. In conclusion, the appeal was partly allowed, with the decision on the entitlement of Cenvat credit for steel goods being remanded for further verification. The tribunal stressed the necessity of factual verification to determine the admissibility of credit and instructed the Adjudicating Authority to reconsider both the limitation issue and the usage of steel goods for repair and maintenance purposes.