2019 (4) TMI 988 - AT - Central Excise

CENVAT Credit - input services - garden maintenance services - period December, 2013 to March, 2016 - HELD THAT - Hon ble Chennai High Court in the case of RANE TRW STEERING SYSTEM LTD. VERSUS THE COMMISSIONER OF CENTRAL EXCISE AND CENTRAL TAX, CHENNAI OUTER COMMISSIONERATE 2018 (2) TMI 1745 - MADRAS HIGH COURT has reversed the Tribunal s decision in the case of RANE TRW STEERING SYSTEMS LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, LTU, CHENNAI 2017 (4) TMI 846 - CESTAT CHENNAI vide which the garden maintenance services were held ineligible inputs for the period post 1.4.2011 - credit allowed. Extended period of limitation - HELD THAT - The said credit was being availed by the appellant by reflecting the same in the ER-1 returns and as also by maintaining proper records. In such a scenario, no mala fide can be attributed to them so as to justifiably invoked the longer period - Major part of demand is barred by limitation. Appeal allowed - decided in favor of appellant.

Summary

Issues involved: Denial of Cenvat credit for garden maintenance services; Interpretation of input services definition post 1.4.2011; Applicability of longer period of limitation for demand confirmation.

Denial of Cenvat credit for garden maintenance services: The judgment addresses the denial of Cenvat credit for service tax paid on garden maintenance services from December 2013 to March 2016. The denial was based on the argument that these services did not fall within the definition of input services post 1.4.2011. However, the Tribunal noted a decision by the Hon’ble Chennai High Court in the case of Rane TRW Steering Systems Ltd. Vs. CCE (LTU), Chennai, where it was held that garden maintenance services were eligible inputs even after 1.4.2011. The Tribunal found that the issue was covered in favor of the assessee by this decision, thus allowing the appeal and providing consequential relief to the appellant.

Interpretation of input services definition post 1.4.2011: The Tribunal considered the interpretation of the definition of input services post 1.4.2011 in the context of the denial of Cenvat credit for garden maintenance services. By referencing the decision of the Hon’ble Chennai High Court in the Rane TRW Steering Systems Ltd. case, the Tribunal clarified that garden maintenance services were indeed eligible inputs even after the specified date. This interpretation played a crucial role in determining the eligibility of the appellant to claim Cenvat credit for the services in question.

Applicability of longer period of limitation for demand confirmation: The judgment also discussed the applicability of the longer period of limitation for confirming the demand related to the denied Cenvat credit. It was noted that the Show Cause Notice was issued on 27.10.2016, invoking the longer period of limitation. However, the Tribunal found that the appellant had availed the credit in a transparent manner by reflecting it in the ER-1 returns and maintaining proper records. As there was no evidence of mala fide intentions on the part of the appellant, the Tribunal held that a major part of the demand was barred by limitation. Consequently, the Tribunal set aside the impugned order and allowed the appeal, providing relief to the appellant while disposing of the cross-appeal filed by the Revenue.

This comprehensive analysis of the judgment highlights the key issues addressed by the Tribunal, including the denial of Cenvat credit for specific services, the interpretation of relevant legal provisions, and the application of limitation periods in confirming demands.