2014 (3) TMI 986 - AT - Service Tax

Denial of CENVAT Credit - construction of godowns - Held that - Adjudicating authority has relied upon the amendments made to the definitions to input services under Rule 2(l) of the Cenvat Credit Rules, 2004 to hold against the appellants. On perusal of the said amendment, I find that the said amendment was brought into statute w.e.f. 1-4-2011, and the period involved in both these appeals is prior to the said amendment, I am of the view the amendment would not apply in the case in hand. - Impugned orders are set aside - Decided in favour of assessee.

Summary

Issues:
- Eligibility of Cenvat credit on Service Tax paid for input services used in construction of godowns rented out as immovable property services.

Analysis:
The appeals in question were challenging the Order-in-Original (OIA) No. 246 & 235/2011/ Commr(A)/RBT/RAJ, dated 20-12-2011, which dealt with the eligibility of Cenvat credit availed by the appellants on Service Tax paid for input services utilized in constructing godowns rented out as immovable property services. The lower authorities contended that the credit availed was ineligible based on a circular clarifying that Cenvat credit was not admissible for such activities. However, the Tribunal found merit in the appellants' arguments, citing a previous Division Bench case where it was established that when an assessee provides an output service with discharged Service Tax liability, inputs and input services used for such construction cannot be denied. This precedent was deemed applicable to the present case, supporting the appellants' position.

Moreover, the Tribunal noted that the adjudicating authority had based its decision on amendments to the definitions of input services under Rule 2(l) of the Cenvat Credit Rules, 2004. Upon reviewing the relevant amendment effective from 1-4-2011, it was highlighted that the period in question for both appeals preceded this amendment. Consequently, the Tribunal concluded that the amendment could not be applied retroactively to the appellants' case. As a result, the impugned orders were set aside, and the appeals were allowed, granting relief to the appellants. The judgment emphasized the importance of legal precedents, the timing of regulatory amendments, and the proper interpretation of rules in determining the eligibility of Cenvat credit in specific scenarios involving Service Tax on input services utilized for different taxable activities.