2016 (8) TMI 1213 - AT - Central Excise

CENVAT credit - input services - repair of staff quarters, lighting works, water works, construction of wagon loading platform, works at loading shed, retreading of dumper tyres, garage maintenance, road cleaning, survey work of mines, mud cleaning works, railway sliding works, maintenance at cement units. etc. - denial on account of nexus - Held that - in a plethora of judgments, the Tribunal as well as several High Courts have held that almost all activities related to business of manufacture would be covered by the definition of input service during the period prior to 01-04-2011 - credit allowed - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Denial of Cenvat credit on input services for the period April 2006 to September 2010.
2. Nexus of services availed with manufacturing activity.
3. Interpretation of the definition of input service prior to 01-04-2011.
4. Precedents regarding the definition of input services.

Analysis:
The judgment by Sulekha Beevi, CS (Judicial Member) of the Appellate Tribunal CESTAT HYDERABAD pertains to the denial of Cenvat credit on various input services for a specified period due to the alleged lack of nexus with the manufacturing activity of the appellants. The respondents were issued a show cause notice proposing the denial of credit, which was confirmed by the adjudicating authority but set aside by the Commissioner (Appeals), leading to an appeal by the Revenue.

The crucial aspect highlighted is the period involved, which predates 01-04-2011 when the definition of input service included activities relating to business. The services for which credit was challenged included a range of activities such as repair of staff quarters, lighting works, water works, and maintenance at cement units. The department contended that these services lacked a nexus with the manufacturing activity. The appellant's representative relied on the judgment in the Maruthi Suzuki Ltd case, emphasizing the definition of inputs rather than input services.

The judgment delves into the interpretation of the definition of input services, citing various precedents including the Maruthi Suzuki Ltd case and decisions involving Coca Cola India (P) Ltd and RSWM Ltd. It was noted that activities related to the business of manufacture were generally covered by the definition of input service before 01-04-2011. Consequently, the order under review was deemed to be in line with established legal principles, leading to the dismissal of the appeal.

In conclusion, the judgment underscores the importance of establishing a nexus between input services and manufacturing activities, particularly in light of the evolving definitions and precedents in the realm of Cenvat credit. The decision provides clarity on the scope of input services and reinforces the need for alignment with legal interpretations and precedents in such matters.