2012 (11) TMI 833 - AT - Service Tax

Cenvat credit on the security service - at assessee s pump house for pumping water, which is required as a coolant in their manufacturing operations Held that - Without water, the manufacturing operations cannot be carried out and the water has to be pumped from Kundalika river, which is situated away from their factory and there is a pump house for undertaking this activity. The security services provided there is integrally connected to the manufacturing activity at the appellant s factory - they are entitled for the credit

Summary

Issues:
- Eligibility for Cenvat credit on security service availed for pumping water required as a coolant in manufacturing operations.

Analysis:
The judgment by the Appellate Tribunal CESTAT MUMBAI dealt with an appeal against the Order-in-Appeal passed by the Commissioner of Central Excise (Appeals), Mumbai. The main issue at hand was whether the appellant is entitled to Cenvat credit on the security service utilized at their pump house for pumping water necessary as a coolant in their manufacturing operations. The revenue contended that since the input service was consumed outside the factory premises, the appellant was not eligible for Cenvat credit. Conversely, the appellant argued that the water pumping activity was crucial for their manufacturing process, as the water had to be sourced from a river away from the factory, necessitating the security services at the pump house. The appellant relied on a judgment of the Hon'ble High Court of Bombay in a similar case to support their claim for credit.

Upon hearing both sides, the Tribunal observed that there was no dispute regarding the facts of the case, particularly the usage of water from the river as a coolant in the manufacturing process. The Tribunal noted that the pumping of water from the river was intricately linked to the manufacturing process, making the security services an integral part of the input service as per the Cenvat Credit Rules, 2004. The Tribunal emphasized that input services need not be provided within the factory premises as long as they are connected to the manufacturing activities. Relying on the precedent set by the Hon'ble High Court of Bombay in a similar case involving Ultratech Cement Ltd., the Tribunal concluded that the appellant was rightfully eligible for the credit of input service tax paid on security guard services at their pump house. Consequently, the appeals were allowed, and the stay applications were disposed of, granting the appellant the consequential relief they sought.