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2016 (1) TMI 1056 - CESTAT NEW DELHI

2016 (1) TMI 1056 - CESTAT NEW DELHI - 2016 (331) E.L.T. 470 (Tri. - Del.) - Rectification of mistake - Eligibility for Cenvat Credit on insurance services and taxi services provided for staff and employees and also services of repair and maintenance of vehicle - Held that:- There was no dispute whether the services were availed for staff and employees. Needless to say that no evidence has to be adduced for facts which are not in dispute. It apparently appears that the Tribunal has erred in reco .....

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ess of arguments. Whether the mistake is apparent or not depends on the facts and circumstances of each case. The error pointed out by the appellants is manifest on the face of records and for the same, the decision relied by the DR is not applicable to the facts herein. The Tribunal being the ultimate fact finding forum, a patent error on finding of fact which has formed the basis of the decision in the appeal does call for rectification. It is also pointed out that the issue of limitation thou .....

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in the Final Order No. A/51666/2014-SM dated 9.4.2014. The issue involved in the appeal is whether the appellant is eligible for Cenvat Credit on insurance services and taxi services provided for staff and employees and also services of repair and maintenance of vehicle. The Tribunal by its' Final Order dated 9.4.2014 dismissed the appeal holding that in the absence of evidence to show that the services are provided for staff/employees under statutory obligation, it cannot be presumed that t .....

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Tribunal dated 9.4.2014, in its' entirety is reproduced as under: "Ld. Counsel for the appellant submits that the service tax paid on the services availed from insurance company and also the transporter was denied as CENVAT credit. There is no evidence on record to show that these services were meant for workers while discharging the statutory obligation if any. Nothing could be explained as whether premium paid and transport facilities provided were to discharge any statutory obligati .....

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reported in 2015 (317) ELT 388 (Tri.-Del) 4. I have carefully considered the rival submissions. 5. The impugned Final Order shows that the claim for Cenvat credit was dismissed for the reason that there is no evidence to establish that these services were provided to workers under statutory obligation. The Tribunal has entered a finding of fact that evidence is absent as to whether these services were availed for staff/employees under statutory obligation. On perusal of records, the learned Cou .....

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udication authority has observed as under: "I observe that the above reading shows that Rule 2(1) of the Cenvat Credit Rules, 2004 sought to provide eligibility to cenvat credit of the taxes paid for only those services, which have correlation or nexus with the manufacture and clearances of the goods. The insurance of staff & employees, taxi charges and services taken from service station for maintenance of vehicles as noted above, were taken to perform a statutory obligation to pay com .....

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maintenance of vehicles service to workers/employees, would not be an activity integral or connected with the principal activity of manufacture." In Page 7 of the Order-in-Appeal it is held as under:- "In view of the above, I hold that the appellant was not entitled to avail the Cenvat credit of service tax paid on insurance of staff/employee, taxi charges and repair/maintenance of vehicles in terms of Cenvat Credit Rules, 2004 as the said service is not input service as defined under .....

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urance of staff & employees, taxi charges and services taken from service station for maintenance of vehicles etc. (as detailed in Annexure-"A" which appears to not admissible to them. It appears that insurance of staff & employees, taxi charges and services taken from service station for maintenance of vehicles etc. cannot be considered as eligible input service under Rule 2 (I) (ii) of the Cenvat Credit Rules-2004. Thus, they appears to have wrongly availed Cenvat Credit S .....

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