2018 (12) TMI 1624 - AT - Central Excise

CENVAT Credit - input services - construction of residential colony in remote area - period November 2009 to March 2010 - Held that - All the input services in question incurred for the upkeep and maintenance of the colony is an essential business expenditure and accordingly, Cenvat Credit is allowable under the provisions of Rule 2(l) of the Cenvat credit rules, 2004 - credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues involved:
Whether the appellant is entitled to avail cenvat credit on construction of a residential colony in a remote area during November 2009 to March 2010.

Analysis:
The Appellate Tribunal CESTAT ALLAHABAD, consisting of Mr. Ashok Jindal, Member (Judicial), and Mr. Anil G. Shakkarwar, Member (Technical), addressed the issue of cenvat credit eligibility on the construction of a residential colony in a remote area. The Tribunal referred to a previous decision in the appellant's own case, where it was established that maintenance of the residential colony is crucial for the production process. The Commissioner (Appeals) had initially rejected the cenvat credit, arguing that the maintenance of the colony was not directly linked to the final product's manufacturing. However, the Tribunal disagreed, emphasizing the necessity of trained personnel for continuous factory operations. It was held that the construction and maintenance of the industrial township were essential for the industry's functioning. The Tribunal allowed the cenvat credit based on the interpretation of Rule 2(l) of the Cenvat credit rules, 2004, stating that all input services related to the colony's upkeep and maintenance were legitimate business expenditures. The decision was supported by a Division Bench's ruling in a similar case. Consequently, the Tribunal allowed the cenvat credit on construction services in remote areas, following the precedent set in the previous case.

The Tribunal set aside the impugned order and allowed the appeal, providing consequential relief to the appellant. The decision highlighted the importance of maintaining industrial townships for continuous production processes and the availability of workmen/personnel. By aligning with the previous judgment and emphasizing the essential nature of the construction and maintenance services in remote areas, the Tribunal upheld the appellant's entitlement to cenvat credit. The ruling underscored the significance of input services related to colony upkeep as legitimate business expenditures, ultimately allowing the appeal and granting the consequential benefits to the appellant in accordance with the law.