2015 (9) TMI 1216 - AT - Service Tax

Denial of CENVAT Credit - input service - inclusive part of Rule 2(i) - construction services - Held that - In the case of Ultratech Cement (2010 (10) TMI 13 - BOMBAY HIGH COURT), the Hon ble Bombay High Court upon analysis of the inclusive part of the definition of input service, have held that the definition of input service is not restricted to services used in or in relation to manufacture of final products, but extends to all services used in relation to the business of manufacturing the final product. In the present case, construction of residential colony/dormitory adjacent to the factory premises was the necessity because of the location of the factory in a remote area, where if the accommodation is not provided to the staff/workers, the continuous/round the clock manufacturing activity will hamper. Further, the cost towards such construction has also been considered as expenditure in the books of accounts of the respondent. Thus, I am of the opinion that such construction activity is in relation to the business of the respondent, and therefore, service tax paid for accomplishing the purpose of business, merits consideration as input service for the purpose of Cenvat benefit. - respondent is eligible for cenvat credit on the disputed services and, therefore, there is no infirmity in the impugned order - Decided against Revenue.

Summary

Issues:
- Eligibility of cenvat credit on service tax paid for construction services used for building a residential colony/dormitory within the precinct of the factory.

Analysis:
The judgment revolves around the eligibility of cenvat credit for service tax paid on construction services utilized for constructing a residential colony/dormitory within the precinct of the factory. The Revenue-appellant contested the allowance of cenvat credit by the Ld. Commissioner (Appeals), arguing that the disputed service was not connected to the manufacturing process and did not qualify as an input service. The appellant relied on a judgment by the Hon'ble Bombay High Court in a similar case. On the contrary, the Respondent's advocate argued that the construction of the residential colony was essential for accommodating staff/workers due to the factory's remote location, ensuring continuous manufacturing activity as per the Factories Act, 1948. The advocate cited judgments by the Hon'ble Bombay High Court and the Hon'ble Andhra Pradesh High Court to support the claim that such construction activities are integral to the business and should be considered as input services for cenvat credit purposes.

The Tribunal considered previous judgments in similar cases and noted that cenvat credit had been allowed for construction services in earlier final orders. The Tribunal highlighted that the judgments of the Hon'ble Bombay High Court emphasized that the definition of input service extends to all services related to the business of manufacturing the final product, not just those directly involved in the manufacturing process. It was observed that the construction of the residential colony/dormitory adjacent to the factory was crucial due to the factory's remote location, and the expenses were accounted for in the respondent's books. Therefore, the Tribunal concluded that such construction activities were in relation to the respondent's business and deemed the service tax paid on them eligible for cenvat credit.

In conclusion, the Tribunal upheld the impugned order by the Commissioner (Appeals) and dismissed the appeal filed by the Revenue-appellant, affirming the respondent's eligibility for cenvat credit on the disputed services. The judgment emphasized the importance of considering construction activities necessary for business operations within the scope of input services for cenvat credit, based on relevant legal precedents and the specific circumstances of the case.