2018 (9) TMI 1148 - AT - Service Tax

CENVAT Credit - input services - legal services - denial on account of nexus - Rule 2(l) of CENVAT Credit Rules, 2004 - Held that - The definition specifically requires the services to be in or in relationship to the manufacture of final products and the inclusive part of the definition enlarges the scope of such services so that any ambiguity removed. If the legal services availed by them had some relationship to the manufacture of goods or were in relation to the manufacture or even to the factory of manufacture this could not have been covered in the inclusive part of definition. Evidently, these services were in relation to acquisition of the new plants and investments which have no nexus whatsoever with the manufacture by any of their plants. These facts are not in dispute - thus, the legal services availed by the appellant are not covered by the definition in Rule 2(l) of the CENVAT Credit Rules, 2004 and therefore, the appellant has wrongly availed the CENVAT credit. Credit not allowed - appeal dismissed - decided against appellant.

Issues:
1. Eligibility of CENVAT credit on legal services not related to manufacturing activity.
2. Invocation of extended period of limitation.
3. Interpretation of Rule 2(l) of CENVAT Credit Rules, 2004.

Eligibility of CENVAT Credit on Legal Services:
The appellant, registered as input service distributors, availed CENVAT credit on legal services not directly related to the manufacturing of cement. The lower authority sought to deny the credit under Rule 2(l) of CENVAT Credit Rules, 2004, stating the legal services were unrelated to the manufacturing process. The appellant argued that legal services fell under the inclusive part of the definition in Rule 2(l) and did not require a nexus with manufacturing activities. However, the Departmental Representative contended that the legal services lacked any connection to cement manufacturing, making the appellant ineligible for the credit. The judge examined the definition of "input service" under Rule 2(l) and concluded that the legal services availed by the appellant did not meet the criteria specified in the rule. The judge emphasized the necessity of services being directly or indirectly related to the manufacture of final products for CENVAT credit eligibility. As the legal services were for acquiring new plants and investments unrelated to manufacturing, the appellant's CENVAT credit claim was deemed incorrect.

Invocation of Extended Period of Limitation:
The appellant argued against the invocation of the extended period of limitation, contending that it was not applicable in a case involving differences in the interpretation of legal provisions. However, the judge upheld the extended period's invocability due to the appellant's incorrect availing of CENVAT credit under Rule 2(l). The judge highlighted that the discovery of the erroneous credit claim was a result of scrutiny by tax officers, indicating the appellant's responsibility to adhere to CENVAT credit rules. Consequently, the extended period of limitation was deemed applicable, justifying the penalties imposed on the appellant.

Interpretation of Rule 2(l) of CENVAT Credit Rules, 2004:
The judge analyzed Rule 2(l) of CENVAT Credit Rules, 2004, emphasizing the requirement for services to be directly or indirectly related to the manufacture of final products for CENVAT credit eligibility. The judge noted that the legal services availed by the appellant were for purposes unrelated to manufacturing activities, such as acquiring new plants and investments. Despite the appellant's argument citing case laws, the judge concluded that the legal services did not fall within the scope of Rule 2(l) and, therefore, the appellant wrongly claimed CENVAT credit. The judge emphasized the importance of services being in relation to the manufacture of goods, which the legal services in question did not fulfill. Consequently, the appeal was rejected, affirming the lower authorities' decisions.

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