2013 (8) TMI 306 - AT - Central Excise

Cenvat Credit of Service Tax paid on input service in respect of dismantling/handling of unusable material and its transportation - Manufacturing activity undertaken by the appellants comprises of making of concentrate by purification of ores. Entire purification process involves handling of abrasive, corrosive materials and acids which lead to corrosion of metallic and others surfaces which are to be removed periodically from the main machines and are to be replaced with new ones. Appellant has given contract for Dismantling, Sorting and transportation of such scraps from underground area, surface area and mill area to Central Store, wherefrom it is auctioned Held that - Activities are basically in relation to repair or renovation of machinery and pipes and are specifically covered under definition of input service Therefore, appellants are eligible for taking credit in respect of these services Decided in favor of Assessee.

Summary

Issues:
- Eligibility of Cenvat Credit for services used in relation to repair and renovation of the factory.

Analysis:
The case involved three appeals filed by M/s. Hindustan Zinc Ltd. regarding the eligibility of Cenvat Credit for services used in the repair and renovation of their factory. The Department observed that the appellant had availed Cenvat Credit of Service Tax paid on ineligible input services related to dismantling, handling of unusable material, and transportation during a specific period. Show Cause Notices were issued and adjudicated by the original authority, resulting in the confirmation of Service tax and imposition of penalties under Rule 15 of the Cenvat Credit Rules. The appellants challenged these orders before the Commissioner (Appeal), who rejected their appeals. Subsequently, the Revenue filed an appeal regarding the penalty amount, which was enhanced by the Commissioner (Appeal). The three Order-In-Appeals were challenged by the appellant in the appeals before the Tribunal.

The appellant argued that the services in question were used in the renovation and repair of the factory, which falls under the definition of input services as per Rule 2(l) of the Cenvat Credit Rules, 2004. The manufacturing activities of the appellants involved the purification of ores to make concentrate, which required handling abrasive, corrosive materials leading to the periodic replacement of surfaces. The input services were related to the repair and renovation of the factory, essential for the manufacturing process, and thus, eligible for Cenvat Credit.

On the other hand, the Revenue contended that the services were not directly related to the manufacture of the final product and, therefore, did not qualify as input services. However, after considering the arguments from both sides, the Tribunal found that the services provided by the appellant for dismantling, handling, and transportation of unusable material were indeed used in the repair and renovation of machinery and pipes, falling within the definition of input services as per Rule 2(l) of the Cenvat Credit Rules. As a result, the Tribunal set aside the Order-In-Appeal and allowed the appeals, ruling in favor of the appellant's eligibility for Cenvat Credit for the services in question.

In conclusion, the Tribunal held that the appellant was eligible to claim Cenvat Credit for the services used in the repair and renovation of their factory, as these activities were directly related to the manufacturing process and fell within the definition of input services under the Cenvat Credit Rules. The appeals were allowed in favor of the appellant.