2011 (10) TMI 321 - AT - Service Tax

Cenvat credit of Service Tax in respect of services relating to construction services availed for the purpose of factory premises Demand & penalty imposed - Held that - Reliance is placed by assessee on the decision in the case of Suzuki Motorcyle (I) Pvt. Ltd. Vs CCE (2011 - TMI - 202699 - CESTAT New Delhi) wherein under identical circumstances construction services were held to be eligible cenvatable input services and stays were granted unconditionally. By following the said decision, the stay petition is allowed unconditionally.

Summary

Issues:
1. Denial of Cenvat credit for service tax on construction services related to factory premises.

Analysis:
The Appellate Tribunal, CESTAT, New Delhi, addressed the issue of the denial of Cenvat credit for service tax on construction services utilized for factory premises. The Tribunal confirmed a duty demand of Rs. 8,02,244 along with an equal penalty against the applicant-appellant. The lower authorities based their decision on the Supreme Court's ruling in Maruti Suzuki Ltd., stating that services lacking a nexus with manufacturing activities are not eligible as input services. However, the appellant argued that services for setting up a factory fall under the inclusive definition clause of input services. The Tribunal noted the appellant's reliance on the decision in Suzuki Motorcycle (I) Pvt. Ltd., where construction services were deemed eligible cenvatable input services under similar circumstances. Consequently, the Tribunal found merit in the appellant's case and granted an unconditional stay, following the precedent set in the Suzuki Motorcycle case.

In conclusion, the Tribunal's judgment in favor of the appellant highlights the interpretation of input services related to construction services for factory premises. By distinguishing the applicability of the Maruti Suzuki judgment and considering the inclusive definition of input services, the Tribunal recognized the prima facie case presented by the appellant. This decision underscores the importance of analyzing the specific context and statutory provisions governing Cenvat credit eligibility, ultimately leading to a favorable outcome for the appellant in this case.