2011 (3) TMI 498 - AT - Central Excise

Demand - whether the services received in respect of the guest house of the appellant located in their residential colony are covered by the definition of input-service or not - The services which have been received in respect of the guest house are Cable T.V. services and repair & maintenance, etc. which, in my view, have no nexus with the manufacture of the finished goods of the appellant - The services which have been received in respect of the guest house are Cable T.V. services and repair & maintenance, etc. which, in my view, have no nexus with the manufacture of the finished goods of the appellant - Appeal is dismissed

Summary

Issues:
- Disallowance of Cenvat credit for services received in relation to the guest house of the company.
- Determination of whether the services received for the guest house qualify as 'input services' under the law.

Analysis:

Issue 1: Disallowance of Cenvat credit for services received in relation to the guest house of the company

The appeal was filed against the Order-in-Appeal upholding the disallowance of Cenvat credit amounting to Rs. 26,614 for services received in connection with the company's guest house. The Asstt. Commissioner had disallowed the credit, leading to the appeal before the Tribunal.

Issue 2: Determination of whether the services received for the guest house qualify as 'input services'

The main point of contention in this case was whether the services received for the guest house of the appellant were covered by the definition of 'input service.' The appellant argued that the services of cable TV and repair & maintenance for the guest house should be considered as input services, relying on previous tribunal judgments to support their claim. On the other hand, the respondent contended that these services had no nexus with the manufacturing of goods and thus could not be classified as input services. They cited a judgment by the Bombay High Court and an Advance Ruling Authority decision to support their argument.

In the judgment, the Tribunal considered the arguments from both sides. After reviewing the records and submissions, the Tribunal concluded that the services received for the guest house, such as cable TV and repair & maintenance, did not have a direct connection with the manufacturing activities of the appellant. Citing the Bombay High Court judgment, the Tribunal held that services like repair and maintenance for residential colonies were not considered as input services as they were deemed welfare activities without a nexus to manufacturing. The Tribunal equated the maintenance of the guest house to the construction and upkeep of the residential colony for employees, affirming that these activities did not qualify as input services.

In light of the above analysis, the Tribunal dismissed the appeal, upholding the impugned order that disallowed the Cenvat credit for services received by the company's guest house.

This detailed analysis of the judgment provides a comprehensive overview of the issues involved and the Tribunal's reasoning behind the decision, ensuring a thorough understanding of the legal aspects discussed in the case.