2012 (8) TMI 530 - AT - Service Tax

Input service credit on after sales service Held that - Service of repair and maintenance of transformers during warranty period is a service covered by definition of input service and the assessees are entitled to take Cenvat Credit of service tax paid on such services - if after sale service expenses are included in the assessable value, the assessee is entitled for input service credit on the expenses incurred on after sales charges - appeal filed by the assessee is remanded to the adjudicating authority for verification whether after sales service charges are included in the assessable value or not as the assessee did not produce the Chartered Accountant s certificate before the adjudicating authority

Summary

Issues involved:
- Entitlement to avail input service credit on after sales service charges included in the assessable value.

Analysis:
1. Issue of entitlement to input service credit:
- The main issue in this case revolved around whether the assessee is entitled to avail input service credit on after sales service charges paid by the dealer, which are included in the assessable value. The Tribunal analyzed the provisions of the Central Excise Act, 1944, specifically Section 4(3), which includes servicing and warranty expenses in the transaction value of goods sold. The Tribunal noted that post-manufacturing expenses like service and warranty are to be provided to the customer after sale, and as per the Act, these expenses are includable in the assessable value, making them eligible for input service credit.

2. Precedent and legal arguments:
- The Tribunal considered the arguments presented by both sides. The appellant's advocate cited the CENVAT Credit Rules, 2004, and a previous case involving Samsung India Electrics P. Ltd. vs. CCE, where it was held that if expenses have been incurred by dealers for after sales service during the warranty period, the assessee is entitled to input service credit. On the other hand, the Revenue's representative argued that after sales service is not an 'input service' and does not qualify for credit, as it is a general offer given to customers and not specific to the manufacturer's goods.

3. Judicial precedents and conclusions:
- The Tribunal referred to a previous case involving CCE vs. Danke Products, where it was established that repair and maintenance services provided by a third party during the warranty period were considered part of the assessable value of the final products. The Tribunal upheld that such services were provided to the manufacturer and not the customer, making them eligible for input service credit. The Tribunal also discussed the definition of 'input service' under the Cenvat Credit Rules, 2004, and concluded that services like repair and maintenance during the warranty period are covered by the definition and qualify for credit.

4. Decision and remand:
- Based on the analysis and precedents, the Tribunal dismissed the Revenue's appeal and remanded the assessee's appeal to the adjudicating authority for verification of whether after sales service charges were included in the assessable value. The Tribunal directed the authority to consider the certificate issued by a Chartered Accountant or Cost Accountant before passing a final order, providing the appellant with an opportunity to present their case.

5. Final disposition:
- In conclusion, the Tribunal dismissed the Revenue's appeal and remanded the assessee's appeal for further verification. The judgment emphasized the importance of including after sales service charges in the assessable value for entitlement to input service credit, as per the provisions of the Central Excise Act and the Cenvat Credit Rules, 2004. The decision highlighted the need for proper documentation and verification to ensure compliance with the law before granting input service credit.