2007 (12) TMI 27 - AT - Service Tax

Factory situated at a remote place - service in respect of repairs and maintenance, civil construction in relation to the residential colony are input services - service provided is relatable to business and credit of service tax is admissible - eligible to avail input service tax credit

Summary

Issues:
Cenvat credit disallowed for repairs and maintenance services in residential colony.

Analysis:
The judgment deals with the disallowance of Cenvat credit amounting to Rs. 1,07,943/- availed by the appellants, who are cement manufacturers, for repairs and maintenance services in their residential colony. The disallowance was based on the ground that the services were not considered input services directly or indirectly used in or in relation to the manufacture of final products and their clearance from the place of removal as per Rule 2(l) of the Cenvat Credit Rules, 2004. Additionally, a penalty of Rs. 10,000/- was imposed on the appellants.

The definition of "input service" as per Rule 2(1) of the Cenvat Credit Rules, 2004 was crucial in this case. The rule defines input service as any service used by a provider of taxable service for providing an output service or used by the manufacturer directly or indirectly in or in relation to the manufacture of final products and their clearance from the place of removal. The appellants argued that the construction of a residential colony for their employees was necessary due to the remote location of their factory, where no stay facilities were available for engineers and workmen. This residential colony was essential to maintain continuity in the cement manufacturing process.

The Tribunal found merit in the appellants' contention, stating that the services provided for repairs and maintenance in relation to the residential colony were indeed input services. The Tribunal cited a previous order in the case of Indian Rayon & Industries Limited v. CCE, Bhavnagar, where credit was allowed on service tax paid for mobile phones provided to employees for business transactions, even if the phones were not installed within the factory premises. Furthermore, decisions of the Hon'ble Allahabad High Court and the Hon'ble Bombay High Court were referenced to support the view that expenses related to maintaining residential quarters for employees were essential for business operations and thus eligible for tax credit.

In conclusion, the Tribunal accepted the appellants' eligibility to avail input service tax credit, set aside the disallowance order, and allowed the appeal. The judgment was pronounced in court on 13-12-2007.