2009 (7) TMI 137 - AT - Service Tax

Cenvat credit input services repair and maintenance service - All the respondents are engaged in manufacture of electrical transformers falling under Chapter Heading 85 of CETA, 1985. Such transformers were being cleared by them on payment of duty to Gujarat Electricity Board (GEB). As per the terms of contract, the appellants were under obligation to repair and maintain the said transformers during the warranty period, free of charge. - The job of repairing and maintenance work was entrusted by all the respondents to one M/s. Dankey Electricals Ltd. (DEL) The bill for repairing and maintenance was being raised by DEL on the present respondents. The service tax paid by DEL was being availed as Cenvat Credit by the respondents. held that - Admittedly, the repair and maintenance of transformers, being an activity relating to the sale of goods, and hence can be said to be relevant to the business - service of repair and maintenance of transformers during warranty period is a service covered by definition of input service and the assessees are entitled to take Cenvat Credit of service tax paid on such services

Summary

Issues:
- Availment of Cenvat Credit on service tax paid for repair and maintenance services provided by a third party during the warranty period.
- Classification of the services provided by the third party under Business Auxiliary Service.
- Interpretation of the definition of 'input service' under Cenvat Credit Rules, 2004.

Analysis:
1. The appeals were filed by the Revenue against an order passed by the Commissioner (Appeals) extending benefits to the respondents regarding the availment of Cenvat Credit on service tax paid for repair and maintenance services provided during the warranty period. The respondents, engaged in manufacturing electrical transformers, had the obligation to repair and maintain the transformers during the warranty period, which they entrusted to a third party, M/s. Danke Electricals Ltd. The dispute revolved around whether the service tax paid by the third party could be availed as Cenvat Credit by the respondents.

2. The Commissioner (Appeals) observed that the repair and maintenance services during the warranty period were the obligation of the manufacturers, i.e., the respondents, and the value of such services was included in the assessable value of the transformers. It was noted that the services were provided by the third party to the respondents, not to the buyer, and hence, the service tax paid could be availed as Cenvat Credit. The movement of transformers between parties was deemed a convenience arrangement and did not alter the service provider-receiver relationship.

3. Additionally, the appellate authority considered the classification of the services under Business Auxiliary Service if provided by the third party on behalf of the manufacturer. It was concluded that such services would fall under the definition of 'input service,' as per the Cenvat Credit Rules, 2004. The definition of 'input service' was interpreted broadly to encompass activities relevant to the business, including repair and maintenance services during the warranty period. A precedent case supported this interpretation, further validating the respondents' entitlement to Cenvat Credit.

4. Ultimately, the Tribunal upheld the Commissioner (Appeals)' decision, rejecting all appeals filed by the Revenue. The judgment emphasized the legal obligation of the manufacturers to provide repair and maintenance services during the warranty period, supporting the respondents' right to avail Cenvat Credit on the service tax paid by the third party. The broad interpretation of 'input service' and the precedent case's relevance solidified the decision in favor of the respondents.

5. The comprehensive analysis of the judgment highlights the legal intricacies surrounding the availment of Cenvat Credit on service tax paid for repair and maintenance services, the classification under Business Auxiliary Service, and the interpretation of 'input service' under the relevant rules. The decision provides clarity on the obligations of manufacturers, the scope of input services, and the entitlement of taxpayers to claim credits in such scenarios.