2017 (1) TMI 142 - AT - Central Excise

CENVAT credit on industrial construction/works contract service - services qualify as input services or not? - Held that - The invoices show that though the appellant has paid Vat on the works contract services, service tax is seen paid only on the labour component of the said works contract service. On such score, the appellant cannot claim credit on works contract service and therefore, the denial of credit is legal and proper - appeal dismissed - decided against appellant-assessee.

Summary

Issues: Availment of Cenvat credit on input service tax for industrial construction/works contract service.

Analysis:
The appellants, manufacturers of pig iron, availed Cenvat credit on input and capital goods, including industrial construction/works contract services, during a specific period. A show cause notice was issued alleging that the services availed did not qualify as input services, leading to a demand for recovery of the credit, interest, and penalties. The original authority confirmed the demand, interest, and penalties, a decision upheld by the Commissioner (Appeals), prompting the current appeal.

The appellant's counsel argued that the services were utilized for repair and modernization of plant and machinery, not for constructing a building or civil structure, making the credit admissible. However, the respondent's representative contended that the appellant only paid service tax on the labor component of the works contract services, not on the works contract services themselves, rendering them ineligible for credit under this category.

Upon reviewing the invoices, the judge found merit in the department's argument. The invoices indicated that while VAT was paid on the works contract services, service tax was only paid on the labor component. Consequently, the appellant could not claim credit for works contract services under this circumstance. The denial of credit was deemed legal and appropriate, leading to the dismissal of the appeal.

In conclusion, the judgment upheld the denial of Cenvat credit on works contract services due to the incomplete payment of service tax, emphasizing the importance of proper documentation and compliance with tax regulations for availing such credits.