2011 (4) TMI 982 - AT - Service Tax

Input service - Refund - service tax paid on construction services within factory premises - construction of the residential premises - Held that - it is difficult to accept the contention sought to be canvassed on behalf of the respondent that the construction of the residential premises even within their factory premises they would be entitled to avail the credit in respect of the service tax incurred in relation thereto. As pursuant to the impugned order the respondents have also filed refund prima facie case is made out for grant of stay of the impugned order. Accordingly the application is allowed and the impugned order is stayed to the extent of claim for refund

Summary

Issues:
1. Appeal against order confirming demand for recovery of inadmissible credit of service
2. Interpretation of the term "input service" under Rule 2(l) of the Cenvat Credit Rules, 2004
3. Nexus of services with the manufacturing activity and business of manufacturing final products

Analysis:

Issue 1:
The appeal was filed against an order confirming the demand for recovery of inadmissible credit of service totaling Rs. 19,61,606/-, which was deposited and appropriated. The lower appellate authority set aside the order passed by the adjudicating authority, directing payment of interest and imposing a penalty.

Issue 2:
The term "input service" under Rule 2(l) of the Cenvat Credit Rules, 2004 was analyzed in detail. The inclusive part of the definition includes various services used in relation to the business of manufacturing final products, such as accounting, auditing, financing, and more. The definition specifically includes construction activity relating to factory premises but does not mention residential premises. The law makers intended for inputs and capital goods to be integrally connected with manufacturing or business activities related to the final product.

Issue 3:
The interpretation of the term "activities relating to business" in Rule 2(l) was crucial. The Bombay High Court held that activities must be integrally connected with the business of the assessee to qualify as input services. The court emphasized the wide scope of the definition, covering services directly or indirectly used in or in relation to manufacturing final products. The judgment clarified that services with a nexus to the manufacture of final products or the business of manufacturing final products qualify as input services.

In conclusion, the Tribunal analyzed the definition of "input service" in detail, emphasizing the need for services to be integrally connected with manufacturing activities or the business of manufacturing final products. The judgment highlighted the importance of nexus between services and the manufacturing process, ultimately leading to the decision to stay the impugned order regarding the claim for refund.