2020 (12) TMI 1172 - AT - Central Excise

CENVAT Credit - input services - Warranty Services - whether warranty services are part of the manufacturing and sale activity as they are required for the purpose of ensuring sale of the goods or not? - HELD THAT - It is the Warranty Service which implies that the value is already included in the sale price of the goods. Moreover, there is no requirement in the definition of Input Service that the value is to be included in the assessable value for the purpose of Central Excise before the credit can be allowed. There is no such restriction in the definition of input service. Appeal allowed - decided in favor of appellant.

Summary

Issues: Denial of Cenvat Credit on services availed for providing Warranty Services.

Analysis:
1. The appellant, M/s. Power Build Ltd., filed appeals against the denial of Cenvat Credit on services availed for providing Warranty Services to their clients.
2. The appellant's counsel argued that Warranty Services are part of the manufacturing and sale activity as they are essential for ensuring the sale of goods.
3. The Authorized Representative for the respondent cited a decision in the case of M/S. MAHINDRA & MAHINDRA LTD and contended that credit can only be allowed if the value of services is included in the assessable value for Central Excise, mentioning the removal of the term "Activity relating to business" from the definition of Input Services.
4. The Member (Technical) referred to the decision in the case of LUCAS TVS LTD. v/S. COMMISSIONER OF CENTRAL EXCISE, CHENNAI, emphasizing that input services related to warranty claims have a nexus with the manufacturing activity of the appellant. The Member disagreed with the rejection of credit based on the location of availing input services, citing legal precedents and clarifying that not all input services need to be availed within the factory premises.
5. The Member found the case law applicable to the present situation, emphasizing the nexus between supplying parts during warranty claims and the manufacturing activity.
6. Referring to the decision of M/S. MAHINDRA & MAHINDRA LTD, the Member highlighted that Warranty Services are considered part of the sale price of goods and that there is no requirement for the value to be included in the assessable value for Central Excise to allow credit. The absence of such a restriction in the definition of input service was noted.
7. Consequently, based on the precedent set by the tribunal in the case of LUCAS TVS LTD, the appeals were allowed, overturning the denial of Cenvat Credit on services availed for providing Warranty Services.