2016 (4) TMI 326 - AT - Central Excise

Eligibility of Cenvat credit - Service tax paid on input services - Assessee has stated that the services are input services as per definition in rule 2(l) of CCR and hence eligible to avail credit of the services - Held that - expenses incurred on services at the factory premises of the appellant-assessee are eligible as input service upheld by Hon ble High Court of Madras in CCE& ST LTU Chennai Vs Rane TRW Steering Systems Ltd. 2015 (4) TMI 704 - MADRAS HIGH COURT . Similarly policy taken to provide medical coverage to the employees is also an eligible input service under rule 2(l) of CCR 2004. Regarding Membership fee paid to CII, it is found that the assessee is required to associate with these associations in order to be updated on issues relating to advancement of his business activities. Hence the payments made to these trade and business associations are eligible input service. In respect of subscription of appellant to TN Electricity Consumer Associations, I agree with Commissioner (Appeals). By respectfully following the ratio laid down by the Hon ble High Courts in various cases, the assessee s appeal in respect of cenvat credit on input services, such as, house keeping services, group medical insurance policy and subscription to CII. Imposition of penalty - Disallowance of credit on input services - Held that - taking into overall facts and circumstances of the case, the imposed penalty is set aside. - Decided partly in favour of appellant

Summary

Issues:
- Eligibility of cenvat credit for input services
- Disallowance of cenvat credit on certain input services
- Nexus requirement for input services
- Interpretation of rule 2(l) of CCR 2004
- Applicability of judgments from High Courts
- Membership fee as an eligible input service
- Disposition of penalty

Eligibility of Cenvat Credit for Input Services:
The appellant, a manufacturing company, appealed against the disallowance of cenvat credit for certain input services. The appellant argued that the input services were essential for their operations and thus eligible for cenvat credit. The Commissioner (Appeals) emphasized that input services must have a nexus with the manufacture of the final product and satisfy all aspects of the definition to be considered eligible inputs.

Disallowance of Cenvat Credit on Certain Input Services:
The appellant's cenvat credit for input services was disallowed by the Additional Commissioner to the extent of a specific amount. The Commissioner (Appeals) upheld this decision, leading to the appellant's appeal. However, upon review, the tribunal found that expenses incurred on services at the factory premises were indeed eligible as input services, citing relevant High Court judgments to support this conclusion.

Nexus Requirement for Input Services:
The tribunal emphasized that expenses related to services at the factory premises were eligible as input services, highlighting the importance of a direct connection between the services and the manufacturing process. The tribunal referred to judgments by the High Courts to support the notion that services utilized directly or indirectly in or in relation to the final product are entitled to cenvat credit.

Interpretation of Rule 2(l) of CCR 2004:
The tribunal interpreted Rule 2(l) of the Cenvat Credit Rules, 2004, to determine the eligibility of input services. It relied on previous High Court judgments to establish that services like medical coverage for employees could be considered eligible input services under the rule.

Applicability of Judgments from High Courts:
The tribunal extensively referenced judgments from various High Courts to support its decision regarding the eligibility of certain input services for cenvat credit. These judgments clarified that services used in relation to the business of manufacturing the final product could be considered eligible inputs.

Membership Fee as an Eligible Input Service:
Regarding membership fees paid to trade associations, the tribunal deemed these payments as eligible input services. It emphasized the importance of such associations for staying updated on business-related issues, citing a High Court decision that supported the inclusion of such services as eligible inputs.

Disposition of Penalty:
After considering all facts and circumstances, the tribunal partially allowed the appeal, setting aside the penalty imposed on the appellant. The decision was based on the interpretation of relevant rules and judgments from High Courts, ultimately favoring the appellant's eligibility for cenvat credit on specific input services.

This detailed analysis of the judgment from the Appellate Tribunal CESTAT CHENNAI highlights the key issues addressed, the arguments presented by both parties, and the tribunal's decision based on legal interpretations and precedents set by High Courts.