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Commissioner Of Central Excise, ... vs M/S. Wipro Ltd

Customs Excise and Service Tax Appellate Tribunal2 March 2015

Ratio decidendi

The rule this decision rests on

Housekeeping services and garden maintenance do not have a sufficient nexus with the manufacturing activity to qualify for Cenvat credit, and the Commissioner (Appeals) erred in allowing credit on them without recording any reasons connecting those services to manufacture. Courier services have a direct nexus with the business, since communication is an indispensable necessity in the business world, and Cenvat credit on such services is therefore admissible.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNALSOUTH ZONAL BENCH, CHENNAIE/40101,40102/2013

[Arising out of Orders-in-Appeal No.148 & 149/2012 (P), dated 31.10.2012 passed by the Commissioner of Central Excise (Appeals), Chennai]

COMMISSIONER OF CENTRAL EXCISE, PUDUCHERRY APPELLANT

Versus

M/s. WIPRO LTD. RESPONDENT

Appearance:

For the Appellant Shri M. Rammohan Rao, DC (AR)

For the Respondent Shri Minchu Mariam Punnoose, Adv.

CORAM:

Honble Shri D.N. Panda, Judicial Member

Date of hearing/decision 02-03-2015

FINAL ORDER NOs. 40223-40224 / 2015

Revenue has come in appeal in these two appeals challenging the action of learned Commissioner (Appeals) who has allowed the service tax paid on Housekeeping towards Cenvat credit and similar such tax paid in respect of Courier Service availed by the appellant.

2. So far as housekeeping is concerned, learned Commissioner (Appeals) committed an error without any cogent reason stated justifying the reason how housekeeping has relevance to manufacture. He has also failed to justify how maintenance of garden has relevance to manufacturing activity. Therefore, Revenue appeal is allowed on these two counts and no Cenvat credit on Housekeeping Services/garden maintenance is admissible.

3. So far as the Courier Services is concerned, that has a direct nexus to business since communications is indispensable necessity in business world. Therefore, Cenvat credit thereon is permissible for which Revenue on this count fails.

4. In view of the above, Revenue appeal is allowed partly to the extent indicated above.

(Dictated and pronounced in open court)

(D.N. PANDA) JUDICIAL MEMBER

ksr 10-03-2015

DRAFT Remarks

I II III

Date of dictation 02.03.2015

Draft Order - Date of typing 03.03.2015 09.03.2015

Fair Order Typing 10.03.2015

Date of number and date of dispatch

4 E/40101,40102/2013

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