2009 (10) TMI 175 - AT - Service Tax

Cenvat Credit-Input services- The assessee was engaged in the manufacture of P&P medicaments were availing cenvat credit on inputs and input service credit. They had availed input service credit on dry cleaning service. Adjudicating authority denied said credit. Held that- as regards dry cleaning services, there is no dispute that wearing of clean uniforms/clothing is mandatory under drugs and cosmetics act for personnel engaged in the manufacturing of medicaments or drugs. Therefore, dry cleaning services are clearly related to the business of manufacture of their final products. Hence they are entitled to Cenvat Credit of service tax availed on dry cleaning service. Uphold the order of Commissioner (Appeals) and reject the appeal filed by revenue. - Assessee availed service tax credit for payment of telephone bills for telephones installed in its head office. Adjudicating authority denied the said credit. Held that as regards telephone service, since they are required to meet out day to day business activities, such services are also in relation to business falling within the scope of the definition of input service and therefore service tax credit on telephone service is admissible. Uphold the order of Commissioner (Appeals) and reject the appeal filed by revenue.

Summary

Issues:
1. Admissibility of Cenvat credit on input services including dry cleaning service, Customs House Agent's service, and telephone bills.
2. Interpretation of the definition of input service under the Cenvat Credit Rules, 2004.
3. Settlement of eligibility to credit of service tax paid on Customs House Agent's service.
4. Entitlement to Cenvat credit on dry cleaning services and telephone services related to business activities.

Analysis:
1. The respondents availed Cenvat credit on various input services during a specific period, leading to a show-cause notice for recovery of wrongly availed credit, interest, and penalties. The Assistant Commissioner confirmed a demand, but the Commissioner (Appeals) accepted the contention that the input services were essential for the business, resulting in the Revenue's appeal.

2. The definition of input service under rule 2(l) of the Cenvat Credit Rules, 2004 was crucial in determining the admissibility of the credit. The Tribunal referred to relevant precedents to settle the issue, stating that services related to business activities fall within the scope of 'input service.' The Tribunal upheld the extension of Cenvat credit for service tax on Customs House Agent's service based on established case law.

3. Regarding dry cleaning services, it was established that they were essential for personnel engaged in manufacturing medicaments, aligning with the business requirements under the Drugs and Cosmetics Act. Therefore, the respondents were entitled to Cenvat credit for service tax on dry cleaning services. Similarly, telephone services necessary for day-to-day business activities were considered in relation to business, making the service tax credit on telephone bills admissible.

4. The Tribunal, after detailed analysis, concluded that the impugned order of the Commissioner (Appeals) was valid and rejected the Revenue's appeal. The decision was based on the essential nature of the input services in relation to the business activities of manufacturing medicaments, thereby upholding the respondents' entitlement to Cenvat credit for the disputed input services.