2017 (1) TMI 1316 - AT - Central Excise

CENVAT credit - input service - Business Auxiliary Service relating to sales commission - Held that - the inclusive part of the definition of Rule 2 (l) ibid should only be considered as examples of the genre of input service that would be permissible. Thus, if sales promotion has been mentioned in inclusive part of the definition, so also it would include the services attendant to such sales promotion, for example, renting of regional sales office, procuring orders and so on. When the services disputed in this case viz. Business Auxiliary Service relating to sales commission are not specifically excluded by the exclusion portion of the definition and in any case they are services essential directly or in relation to manufacture or business activities, the same would definitely fall within the ambit of Rule 2 (l) ibid - eligible input services - credit allowed - appeal allowed - decided in favor of assessee.

Summary

Issues:
- Denial of cenvat credit on Business Auxiliary Service availed by the appellant during a specific period.

Analysis:
The issue in this appeal revolves around the denial of cenvat credit on Business Auxiliary Service utilized by the appellant from 1.7.2011 to 31.3.2012, with a demanded amount of ?11,48,201/- upheld by the Commissioner (Appeals), leading to the appeal. The appellant argued that the Business Auxiliary Service pertained solely to sales commission paid to agents for "sales promotion purposes," thus qualifying as an eligible input service under Rule 2(l). On the contrary, the respondent supported the impugned order's correctness.

Upon hearing both sides and examining the records, the Tribunal delved into the definition of "input service" under Rule 2(l) of the Cenvat Credit Rules, 2004 effective from 1.4.2011. The definition comprises an inclusive portion and an exclusion portion (A) (B) (BA) and (C), where the inclusive part is not exhaustive but illustrative. Citing legal precedents, including the case of Bharat Cooperative Bank (Mumbai) Ltd. Vs Coop. Bank Employees Union, AIR 2007 SC 2320, the Tribunal emphasized that an inclusive definition extends the term's scope without restricting it to specific examples.

In light of this interpretation, the Tribunal concluded that the inclusive part of Rule 2(l) should be viewed as exemplars of permissible input services. Therefore, services related to sales promotion, such as Business Auxiliary Service concerning sales commission, were deemed eligible input services under Rule 2(l) as they were not excluded by the definition's exclusion portion and were directly essential for manufacturing or business activities. Consequently, the Tribunal allowed the appeal, affirming that the disputed services fell within the ambit of Rule 2(l) and were eligible for cenvat credit.