2011 (10) TMI 207 - AT - Service Tax

Cenvat Credit - Repair and Maintenance Services on air-conditioning plant for the office space of the factory - Held that - The air-conditioning of the office space and the repair and maintenance services availed for the same have nexus with the manufacturing business of the appellant, more so, when the definition of input service specifically includes the Services used in relation to setting up, modernization, renovation or repairs of a factory, premises of provider of output service or office relating to such factory or premises.Air-conditioning of an office space not only increases the efficiency of the staff but may also be essential for the computer systems installed therein. - Decided in favour of assessee.

Summary

Issues:
1. Eligibility of repair and maintenance services for cenvat credit related to air-conditioning plant for office space in a factory.

Analysis:
The appellant, engaged in manufacturing dehumidifiers for industrial use, disputed the denial of cenvat credit for repair and maintenance services of the air-conditioning plant for the office space in their factory. The original and first appellate authorities denied the credit, stating the services lacked nexus with manufacturing the final products. The appellant argued that the services were related to their manufacturing business, citing a Bombay High Court judgment. The respondent contended that the services did not have a nexus with manufacturing the final products, referring to various judgments supporting their stance.

The Tribunal considered both arguments and examined the records. It acknowledged that the air-conditioning plant was used in the office space where factory employees worked, directly connected to the manufacturing business. The definition of 'input service' included services related to factory premises or offices. The Tribunal highlighted the importance of air-conditioning for staff efficiency and computer systems. Referring to the Bombay High Court judgment, it emphasized that all services related to manufacturing final products are considered input services. The Tribunal distinguished between activities related to manufacturing business and those related to manufacturing the final product, stating the former is broader. It clarified that for cenvat credit eligibility, services need to be linked to the manufacturing business, not just the final product. The Tribunal disagreed with the reliance on a Supreme Court judgment regarding fuel eligibility, as it did not apply to input services. It concluded that the repair and maintenance services for the office space's air-conditioning plant were indeed activities related to the manufacturing business, overturning the impugned order and allowing the appeal.