2018 (11) TMI 814 - AT - Central Excise

100% EOU - CENVAT Credit - input services - product liability insurance - product recall liability insurance - place of removal - Department has denied the same on the ground that it is a post manufacturing activity and the liability arose only after goods were handed over to the buyers - Held that - It can be seen that the risk covers the defects with the products. In such cases, when there are defects in the products, the appellant/manufacturer will have to recall the product and thereby incur huge financial loss. The insurance is for covering financial loss of the appellant/manufacturer and it cannot be considered as a post manufacturing activity. The finance or raising of capital or adjustment of finances by way of taking insurance etc., falls within the inclusive part of the definition. Tribunal in the case of New Foods Pvt Ltd Vs CCE ST, Bangalore-II 2017 (1) TMI 151 - CESTAT BANGALORE considered an identical issue and held in favor of the assessee holding that Cenvat Credit is eligible and refund claim was sanctioned. Appeal allowed - decided in favor of appellant.

Summary

Issues:
- Eligibility of Cenvat Credit on "product liability insurance" and "product recall liability insurance" for a 100% EOU engaged in the manufacture of Instant/Soluble Coffee.

Analysis:
The appellant, a 100% EOU engaged in manufacturing Instant/Soluble Coffee, availed Cenvat Credit on various inputs, capital goods, and input services. The dispute arose regarding the eligibility of Cenvat Credit on "product liability insurance" and "product recall liability insurance" for goods manufactured at its facility. The adjudicating authority disallowed the credit, leading to a demand of &8377; 67,277/- along with interest and a penalty. On appeal, the Commissioner (Appeals) upheld the decision, prompting the appellant to approach the Tribunal.

The appellant argued that both insurances were related to manufacturing, as premiums were paid before goods clearance, forming part of the final product cost. The insurances covered risks like accidental death, injury, property damage, or product recall due to defects. The appellant contended that these policies directly related to manufacturing risks, enhancing marketability. The appellant emphasized that the insurances covered risks during the manufacturing process, including third-party claims and legal liabilities, making them essential for business protection. Citing various case laws, the appellant asserted that the insurances constituted continuous policies for manufacturing risks, falling under input services for Cenvat Credit.

The Departmental Representative supported the lower authorities' decisions, emphasizing post-manufacturing liability for the insurances. However, the Tribunal analyzed the issue, considering whether the insurances covered defects with the products, leading to potential financial losses for the manufacturer. The Tribunal found that the insurances addressed financial risks for the manufacturer, not post-manufacturing activities. Referring to a precedent case, the Tribunal ruled in favor of the appellant, stating that the disallowance of credit for these input services was unjustified. Consequently, the Tribunal set aside the impugned order, allowing the appeal filed by the appellant.

In conclusion, the Tribunal held that the appellant was eligible for Cenvat Credit on "product liability insurance" and "product recall liability insurance" as the insurances covered manufacturing-related risks, including defects in the products. The decision was based on the understanding that these insurances addressed financial risks for the manufacturer, supporting business activities and product quality assurance.