Cenvat Credit available on construction service for renovation, modernization upgradation of existing plant

[CA Bimal Jain]

The CESTAT, Ahmedabad in GENERAL MOTORS INDIA P LTD VERSUS C.C.E. & S.T. -VADODARA-II - 2023 (9) TMI 713 - CESTAT AHMEDABAD   held that, input tax paid for construction service used in relation to modernization, renovation of the existing factory is available as Cenvat credit per Rule 2(l) of Cenvat Credit Rules, 2004 (“the CCR”).

Facts:

M/s. General Motors India P Ltd. (“the Appellant”) claimed Cenvat credit paid for services related to construction and restoration services for upgradation of the factory premises during the period from April 2008 to October 2012.

The Adjudicating Authority denied the Cenvat Credit in respect of construction service on the ground that factory was excluded from the definition of input service.

Aggrieved by the Impugned Order the Appellant filed an appeal before the CESTAT, Ahmedabad.

The Appellant contended that construction service received by them is in respect of expansion, modernization, modification of the existing plant was not excluded in the definition of Input service under Rule 2(l) of CCR. It is only setting up of plant was removed from the definition of input service but other activity such as modernization, renovation still remained included in the definition of input services therefore the Cenvat Credit is admissible on construction service.

Issue:

Whether assessee can claim Cenvat Credit of construction service utilised for renovation, modernization upgradation of plant?
Held:

The CESTAT, Ahmedabad in GENERAL MOTORS INDIA P LTD VERSUS C.C.E. & S.T. -VADODARA-II - 2023 (9) TMI 713 - CESTAT AHMEDABAD held as under:

• Observed that, construction service received for expansion of the existing plant, fall under the term modification, renovation, upgradation etc. as input service under Rule 2(l) of the CCR.
• Noted that, there is no dispute that the Appellant used the construction service in relation to modification, renovation, upgradation of the existing plant. Therefore, in view of the definition, which includes these services in the definition of input service, the Appellant has correctly availed Cenvat credit on construction service.

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