2023 (5) TMI 601 - AT - Central Excise

Denial of CENVAT Credit - Input Services - Civil Construction and Maintenance Services - period 2005-06-2009-10 and April, 2010 to March 2011 - HELD THAT - During the relevant period, the definition of input service was very wide and it include any service received in or in relation to setting up, moderanisation, renovation or repair of the factory premises. Further, this input services involved in the present appeals have been held to be input services in the decisions relied upon by the appellant - reliance can be placed in COMMISSIONER OF C. EX., DELHI-III VERSUS MADHUSUDAN AUTO LTD. 2015 (2) TMI 1235 - CESTAT NEW DELHI and COMMISSIONER CENTRAL EXCISE COMMISSIONERATE, DELHI-III VERSUS M/S BELLSONICA AUTO COMPONENTS INDIA P. LTD. 2015 (7) TMI 930 - PUNJAB HARYANA HIGH COURT . The Hon ble High Court of Punjab and Haryana in the case of Commissioner of Central Excise, Delhi-III vs. Bellsonica Auto Components India P. Ltd. has considered this issue and has held that the construction services and other services which are necessary for the renting of the business falls in the definition of input service as provided under Rule 2(l) of Cenvat Credit Rules, 2004. Since the issue is squarely covered by the decision of jurisdictional High Court of Punjab and Haryana, hence, by following the ratio of the same, the impugned order is not sustainable in law and therefore, the same are set-aside by allowing both the appeals of the appellant - Appeal allowed.

Summary

Issues Involved:
1. Denial of Cenvat Credit on 'Civil Construction and Maintenance Services'.
2. Interpretation of the definition of 'input service' under Rule 2(l) of Cenvat Credit Rules, 2004.

Summary:

Issue 1: Denial of Cenvat Credit on 'Civil Construction and Maintenance Services'

The appellant challenged the denial of Cenvat Credit on civil construction and maintenance services by the Commissioner of Central Excise, Delhi-III. The amounts involved were Rs. 62,81,089/- for the period 2005-06 to 2009-10 and Rs. 1,01,489/- for April 2010 to March 2011. The Commissioner denied the credit on the grounds that these services were not covered under the definition of 'input service' under Rule 2(l) of Cenvat Credit Rules, 2004.

Issue 2: Interpretation of the Definition of 'Input Service'

The appellant argued that the impugned order misinterpreted the definition of 'input service' under Rule 2(l) of Cenvat Credit Rules, 2004. The appellant contended that the services were received for business activities and thus fell under the definition of input service, including services used in relation to setting up, modernization, renovation, or repair of factory premises. The appellant cited several judicial precedents supporting their claim, including decisions from various benches of the Tribunal and the Hon'ble High Court.

The Tribunal examined the definition of 'input service' as provided under Rule 2(l) during the relevant period, which included services used in relation to setting up, modernization, renovation, or repairs of a factory. The Tribunal noted that the definition was broad and inclusive, covering services necessary for business activities. The Tribunal referred to the judgment of the Hon'ble High Court of Punjab and Haryana in Commissioner of Central Excise, Delhi-III vs. Bellsonica Auto Components India P. Ltd., which held that construction services necessary for business operations fell within the definition of 'input service'.

The Tribunal concluded that the services in question were indeed covered under the definition of 'input service' during the relevant period. The Tribunal found that the impugned order was not sustainable in law and set it aside, allowing both appeals.

Conclusion: The Tribunal allowed both appeals, ruling that the civil construction and maintenance services availed by the appellant were covered under the definition of 'input service' as per Rule 2(l) of Cenvat Credit Rules, 2004, and thus, the denial of Cenvat Credit was not justified.