2019 (11) TMI 1265 - AT - Central Excise

CENVAT Credit - new constructions - credit denied on the ground that these are new constructions and as per Rule 2(l) Cenvat Credit Rules, 2004 with effect from 01.04.2011, they are not entitled to avail Cenvat credit on new constructions - HELD THAT - As the contents stated in the affidavit are non controverted by the revenue with sufficient evidence, in that circumstances, without examining the site the Cenvat credit cannot be denied to the appellant, therefore, the services are availed by the appellant for renovation and maintenance of their conference room, canteen and amenity block and cenvat credit cannot be denied to them. Appeal allowed - decided in favor of appellant.

Summary

Issues: Denial of Cenvat credit on new constructions under Rule 2(l) Cenvat Credit Rules, 2004

Analysis:
The appellant appealed against an order denying Cenvat credit on various services related to new constructions, including wooden flooring, painting, and polishing, for their conference room, canteen, and amenity block. The appellant argued that these services were for renovation and maintenance purposes, not new constructions. The Authorized Representative (AR) supported the order, stating that the invoices indicated the construction of new facilities. The appellant submitted an affidavit affirming that the services were indeed for renovation and maintenance. The AR failed to provide a report after being directed to inspect the site, while the appellant's counsel filed an uncontroverted affidavit confirming the nature of the services. The Tribunal held that without sufficient evidence from the revenue, Cenvat credit could not be denied based solely on the invoices. Consequently, the Tribunal ruled in favor of the appellant, allowing the appeal and granting consequential relief.

This judgment highlights the importance of substantiating claims with evidence and the burden of proof in cases involving the denial of Cenvat credit on new constructions. It underscores the significance of documentation and affidavits to support assertions regarding the nature of services availed, especially in situations where invoices may suggest otherwise. The decision emphasizes the Tribunal's role in ensuring a fair assessment of the facts presented and the need for thorough examination before denying legitimate credit to taxpayers.