2018 (9) TMI 741 - AT - Central Excise

CENVAT Credit - Input Services - Club or Association Service - Life Insurance Service - Air Travel Agent Service - denial of credit on the ground that the services fall within the exclusion category specified in Rule 2 (l) (C) - Held that - The services such as membership of club is not for the personal benefit of any employee, but are for pursuing the business activities of the appellant - credit allowed. Life Insurance Service - Held that - It is noted that the appellant is under a statutory obligation to provide group insurance scheme in their factory for the benefit of the employees. This cannot be said to be for the personal benefit of the employees - Credit allowed. Air Travel Agent s Service - Held that - The said services have been availed by the officials of the appellant in regard to their business - credit allowed. Appeal allowed in toto - decided in favor of appellant.

Summary

Issues involved:
1. Disputed period from April 2011 to June 2015 regarding distribution of service tax credit for specific services.
2. Interpretation of exclusion clause in Rule 2(l)(C) of the Cenvat Credit Rules, 2004.
3. Applicability of service tax credit for services like Club or Association Service, Life Insurance Service, and Air Travel Agent Service.

Detailed Analysis:
1. The appeals involved in this judgment concern the distribution of service tax credit for the period from April 2011 to June 2015. The appellant, engaged in manufacturing soap and detergent with multiple units, has a Head-office registered as Input Service Distributor (ISD) for distributing credit on input services centrally. The dispute revolves around the distribution of credit for services like Club or Association Service, Life Insurance Service, and Air Travel Agent Service during the mentioned period.

2. The lower authority denied the service tax credit based on the amended definition of input service in Rule 2(l) of the Cenvat Credit Rules, 2004, which excluded certain activities falling under the excluded services category. The appellant challenged this decision before the Tribunal, arguing that the services in question should not be excluded unless they are primarily used for personal consumption by employees. The appellant provided invoices and a Chartered Accountant's Certificate to support their claim that the services were used for business activities, not personal benefit.

3. During the hearing, the appellant's consultant argued that the services in question were not for personal use but related to the company's activities. The appellant also cited a previous Tribunal order in their favor for a similar issue. The Revenue, represented by the Departmental Representative, upheld the lower authority's decision and suggested verifying the submitted invoices before granting any benefit. However, upon review of the invoices and arguments presented, the Tribunal found that the disputed services, such as membership of industry associations and group insurance schemes, were utilized for business purposes rather than personal employee benefits.

4. The Tribunal observed that the services under dispute, including membership of industry associations, group insurance schemes, and air travel for business purposes, were not primarily for personal employee use but rather for the benefit of the company's operations. Citing a previous favorable decision for the appellant on a similar issue, the Tribunal set aside the lower authority's disallowance of Cenvat Credits and allowed all the appeals in favor of the appellant.

In conclusion, the Tribunal's judgment favored the appellant by ruling that the disputed services were not excluded under the Cenvat Credit Rules and were utilized for business activities rather than personal employee benefits.