2011 (7) TMI 373 - AT - Service Tax

CENVAT credit - repair and maintenance of wind mills - The contention of the assessee is that the services in connection with maintenance of wind mills are exclusively used in relation to manufacturing activity and therefore are squarely covered under the definition of input service - As per the definition of input service it follows that the said definition not only covers services which are used directly or indirectly in or in relation to manufacture of final products and also includes other services which have direct nexus or which are integrally connected in business of manufacture of final products - Decided in favor of the assessee

Summary

Issues:
- Appeal against the impugned order passed by the Commissioner (Appeals) regarding CENVAT credit on Service Tax for repairs and maintenance services of wind mills.
- Interpretation of the definition of "input service" under CENVAT Credit Rules, 2004.
- Dispute over whether the services used in maintenance of wind mills have a direct nexus with the manufacturing activity.
- Allegation of suppression of facts by the assessee leading to the imposition of penalty.

Analysis:
1. The case involved appeals by both the Revenue and the assessee against the Commissioner (Appeals)'s order regarding the availing of CENVAT credit on Service Tax paid for repairs and maintenance services of wind mills used in manufacturing activities. The issue was whether these services qualified as "input services" under the CENVAT Credit Rules, 2004.

2. The assessee contended that the maintenance services for wind mills were integral to their manufacturing process, as the electricity generated was used in their factory. They argued that the services fell within the definition of "input service" as they were directly or indirectly related to the manufacture of final products. The assessee also challenged the allegation of suppression of facts, citing compliance with tax filings and audits.

3. On the other hand, the Revenue argued that the services should be used within the factory premises to qualify as "input services." They contended that since the wind mills were located away from the manufacturing unit, the credit availed was inappropriate, and penalty was justified due to alleged suppression of facts.

4. The Tribunal analyzed the definition of "input service" under the CENVAT Credit Rules, 2004, which includes services directly or indirectly related to the manufacture of final products. The Tribunal noted that there was no requirement in the law that input services must be used within the factory premises, unlike inputs. Citing relevant case law, the Tribunal emphasized that services with a direct nexus to the business of manufacturing final products qualified as input services.

5. Ultimately, the Tribunal found that the maintenance services for wind mills, which generated electricity used in manufacturing, fell within the definition of "input service." As the demand for CENVAT credit was deemed unsustainable, the penalty was also set aside. The assessee's appeal was allowed, and the Revenue's appeal was dismissed.

This detailed analysis of the judgment highlights the key issues, arguments presented by both sides, legal interpretations, and the final decision reached by the Tribunal regarding the availing of CENVAT credit on Service Tax for repairs and maintenance services of wind mills.