2015 (10) TMI 2211 - AT - Service Tax

Denial of Input service credit - construction services - Held that - In the appellant s case 2012 (11) TMI 994 - CESTAT, NEW DELHI it is the statutory requirement of the Uttar Pradesh Factories Act 1948 to provide shelter, rest room, lunch room, etc. to the employees within the factory and appellant has provided only these services to their employees within the factory premises and in appellant s own case for the earlier periods on the identical services this Tribunal has allowed Cenvat Credit to the appellant. Therefore, following the earlier decision in appellant s own case to maintain judicial discipline, I allow Cenvat credit to the appellant. - Impugned order is set aside - Decided in favour of assessee.

Summary

Issues:
- Denial of input service credit on construction services for residential quarters in factory premises under Rule 2(l) of the Cenvat Credit Rules 2004.

Analysis:
The appellant appealed against the denial of input service credit on construction services for residential quarters in the factory premises. The lower authorities had rejected the credit, stating that the services did not qualify as input services according to Rule 2(l) of the Cenvat Credit Rules 2004. The appellant argued that the construction of these quarters was essential for their manufacturing activity as they served as dormitories for factory workers, officials, and visitors. They highlighted previous Tribunal orders that allowed Cenvat Credit for similar services in their case, emphasizing the integral role of these quarters in their operations.

The appellant's counsel pointed out that the construction of residential quarters was necessary due to the factory's remote location, and the quarters facilitated repairs, maintenance, and official work. The appellant cited specific Tribunal orders, such as Final order no. 165/2012-SM(BR) and order no. A/1606/2012-SM(BR), where Cenvat Credit was granted for the same activity. In contrast, the Ld. AR relied on various case laws to support the denial of credit, including VMT Spinning Co. Ltd., Chemfab Alkalis Ltd. Vs. CCE Pondicherry, and others.

After hearing both parties, the Tribunal considered the statutory requirement of the Uttar Pradesh Factories Act 1948, which mandates providing shelter, restrooms, lunchrooms, etc., to employees within the factory premises. The Tribunal noted that the appellant had fulfilled this requirement by offering these services to their employees. Additionally, the Tribunal referred to previous decisions in the appellant's own case where Cenvat Credit had been allowed for similar services. In line with maintaining judicial discipline and consistency with earlier rulings, the Tribunal decided to grant Cenvat credit to the appellant, setting aside the impugned order and allowing the appeal with any consequential relief.

In conclusion, the Tribunal's judgment favored the appellant by allowing Cenvat Credit for construction services related to residential quarters in the factory premises, based on the statutory requirements and past decisions in the appellant's favor.