2014 (3) TMI 876 - AT - Central Excise

Availment of CENVAT Credit - Erection, installation, and commissioning service - Held that - As regards, the service for civil work relating to setting up of the factory, we find that during the period of dispute, the definition of input service, as given in Rule 2 (l) of Cenvat Credit Rules, specifically included services used in relation to setting up, modernization, renovation or repair of a factory, premises of provider of output service or an office related to such premises or factory . The above expression is very vide and would cover all the services relating not only to erection, installation, commissioning of the plant and machinery, but also the services used in relation to construction of the office premises within the factory. services, in question, are covered by the definition of input service. Since, the factory has been set up for manufacture of final products - automobiles components, the service, in question, has to be treated as an input services used in or in relation to manufacture of final product - the auto components and would be eligible for Cenvat credit - Decided in favour of assessee.

Summary

Issues:
- Eligibility of Cenvat credit on services used for setting up a factory for manufacturing automobile components
- Interpretation of input service definition under Cenvat Credit Rules
- Nexus between services availed and manufacture of final product
- Applicability of Board Circular No.98/1/2008-ST

Analysis:

1. Eligibility of Cenvat Credit on Services for Setting up Factory:
The case involved the appellant, a manufacturer of sheet metal components for automobiles, availing Cenvat credit on services used for setting up a factory. The services included the rental of land and charges for erection, installation, and commissioning. The department contended that these services were not eligible for Cenvat credit as they were used in connection with setting up an immovable property. The Commissioner confirmed the demand for Cenvat credit along with interest and imposed a penalty. The appellant challenged this decision through an appeal.

2. Interpretation of Input Service Definition:
The Tribunal analyzed the definition of input service under Rule 2(l) of the Cenvat Credit Rules during the disputed period. The definition included services used in relation to setting up, modernization, renovation, or repair of a factory or premises. The Tribunal noted that this definition encompassed services related to construction within the factory premises, not just limited to plant and machinery. Therefore, the services for civil work in setting up the factory were considered as input services eligible for Cenvat credit.

3. Nexus Between Services and Manufacture of Final Product:
The Tribunal emphasized that the services availed by the appellant, such as the rental of land and civil work for setting up the factory, had a direct nexus with the manufacture of the final product - automobile components. It was highlighted that the land rented was where the factory for manufacturing auto components was established. As a result, these services were deemed to be used in or in relation to the manufacture of the final product, making them eligible for Cenvat credit.

4. Applicability of Board Circular No.98/1/2008-ST:
The Departmental Representative relied on Board Circular No.98/1/2008-ST to argue that the services in question were used for bringing into existence an immovable property and, therefore, were not eligible for Cenvat credit. However, the Tribunal disagreed, stating that the services were directly linked to the manufacture of the final product and should be considered as input services for which Cenvat credit could be availed.

In conclusion, the Tribunal set aside the Commissioner's order, allowing the appeal and ruling in favor of the appellant. The judgment clarified the eligibility of Cenvat credit on services used for setting up a factory for manufacturing automobile components, emphasizing the nexus between the services availed and the production of the final product.