2017 (12) TMI 699 - AT - Central Excise

CENVAT credit - input services - house keeping and Garden maintenance service - authorised service station - inward transportation of inputs - Held that - the Madras High Court in the case of CCE Vs. Rane TRW Steering Systems Ltd. 2015 (4) TMI 704 - MADRAS HIGH COURT has held that the house keeping and garden services where an employer spends money to maintain their factory premises in an eco-friengly manner, the tax paid on such services would form part of the cost of final products and the same would fall within the ambit of input services. Authorised service station - inward transportation of inputs - Held that - this service also falls within the definition of input service and the appellant is entitled to the CENVAT credit on the same. Appeal allowed - decided in favor of appellant.

Summary

Issues:
- Denial of CENVAT credit on garden maintenance services and other related services
- Interpretation of the definition of input services under Cenvat Credit Rules, 2004
- Applicability of judicial precedents on similar issues

Analysis:
1. The appeals were filed against an order disallowing CENVAT credit on various services, including garden maintenance, by the Commissioner(Appeals). The appellants, engaged in manufacturing cigarettes, availed credit under Cenvat Credit Rules, 2004. The audit revealed irregular credit availed on services not falling under the definition of input services. A show-cause notice was issued for recovery of the credit amount along with penalties and interest for the period from October 2007 to June 2011. Further notices were issued for subsequent periods.

2. The adjudicating authority denied the CENVAT credit, stating that the services lacked nexus with manufacturing final products. The appellants contended that the services were essential for manufacturing and fell under the definition of input services. The Commissioner(Appeals) allowed credit on most services except for garden maintenance and certain other services like authorised service station and inward transportation of inputs.

3. During the hearing, the appellant argued that the denial of credit on garden maintenance and other services was contrary to the law and binding judicial precedents. They cited the case of CCE Vs. Millipore India Pvt Ltd., along with several other decisions, to support their claim that the definition of input service is broad and includes services used in or in relation to the business.

4. After reviewing the submissions and the cited judgments, the Judicial Member noted that garden maintenance services were essential and fell within the ambit of input services. Citing the decisions in various cases, including the observations of the High Court of Karnataka and Madras High Court, the Member held that tax paid on such services formed part of the final product's cost. Consequently, the CENVAT credit on garden maintenance, authorised service station, and inward transportation of inputs was allowed. The impugned order was set aside, and all appeals were allowed with consequential reliefs.

This comprehensive analysis of the judgment highlights the issues involved, the arguments presented by both parties, the legal interpretation of input services, and the application of relevant judicial precedents in reaching the final decision.