2009 (12) TMI 328 - AT - Service Tax

Marine Inland Transit Insurance services- The Assistant Commissioner disallowed the Cenvat credit of Rs. 38,510/- in respect of the services of Marine Inland Transit Insurance in connection with the procurement of plant and machinery of the captive power project, money insurance for money in transit from the factory to bank to & fro , insurance for personnel working in the appellant s factory in the case of accident or loss ; the follow-up services in connection with installation of plant and machinery of captive power plant and, telephone services in respect of telephones installed at the residence of General Manager and Company s guest house. Held that- the denial of Cenvat credit taken in respect of telephone services, in respect of telephone installed at the residence of the General Manager and at the Appellant s guest house, the rest of the order upholding the cenvat credit demand by denying Cenvat credit in respect of marine inland transit insurance, money insurance for money in transit from bank to factory to & fro, follow up services in connection with installation of plant & machinery of captive power plant and insurance of personnel working in the factory for accident or loss and upholding the penalty on the Appellant, is set aside.

Issues:
Denial of Cenvat credit on various services under the Cenvat Credit Rules, 2004.

Detailed Analysis:

1. Marine Inland Transit Insurance:
The Assistant Commissioner disallowed Cenvat credit of Rs. 38,510/- for services like Marine Inland Transit Insurance. However, the appellant argued that such services are essential for business activities and should be considered as input services based on previous Tribunal decisions. The Tribunal agreed, stating that when inward transportation of goods is covered by the definition of input services, insurance during transportation should also be covered. Therefore, the appellant was deemed eligible for Cenvat credit on the insurance premium for transit of machinery.

2. Insurance for Money in Transit:
The appellant claimed that insurance for money in transit from the factory to the bank is part of their business activities and should be considered an input service. The Tribunal agreed, stating that prudent business practices would involve insuring cash during transit, thus making it eligible for Cenvat credit.

3. Follow-Up Services:
The follow-up services related to the installation of the captive power plant were considered business auxiliary services by the appellant. The Tribunal agreed, stating that services in connection with setting up or modernization are covered by the definition of input services, making them eligible for Cenvat credit.

4. Telephone Services:
The denial of Cenvat credit for telephone services installed at the General Manager's residence and the company's guest house was upheld. The Tribunal agreed that these services did not directly relate to the manufacturing business and were rightly denied Cenvat credit.

5. Insurance for Personnel:
The appellant argued that insurance for personnel working in the factory, including drivers and security personnel, should be eligible for Cenvat credit as the appellant has vicarious liability for their compensation. The Tribunal agreed, citing previous judgments that such insurance policies are covered by the definition of input services, making them eligible for Cenvat credit.

Conclusion:
The Tribunal set aside the order upholding the denial of Cenvat credit for various services except for telephone services. The appellant was deemed eligible for Cenvat credit on marine inland transit insurance, money insurance, follow-up services, and insurance for personnel working in the factory. The penalty on the appellant was also set aside, and the appeal was disposed of accordingly.

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