2015 (12) TMI 272 - AT - Service Tax

Eligibility to Cenvat credit of the service tax paid - Maintenance of garden - Held that - When the material fact is planting of trees that cannot be equated with maintenance of garden. So considering that a cement factory requires planting of the trees and maintenance thereof to prevent pollution, claim of the respondent as to the service tax paid for such maintenance to make it eligible is undeniable. - Decided against Revenue.

Summary

Issues:
1. Eligibility of Cenvat credit for service tax paid on windmill maintenance.
2. Disallowance of service tax paid on maintenance of garden or plantation for pollution control.

Analysis:
1. The Appellate Tribunal, in a previous decision, ruled that service availed for windmill maintenance entitles the claimant to Cenvat credit for the service tax paid. This eligibility is confirmed and permissible.

2. The Tribunal noted a discrepancy regarding the maintenance of garden or plantation for pollution control. It was observed that the authorities failed to clarify whether the expenses were for garden maintenance or plantation as directed by the Pollution Control Board. The respondent, a cement manufacturer, was instructed by the Board to plant trees to prevent pollution.

3. The respondent argued that the service tax paid for planting trees as per the Pollution Control Board's direction was necessary to prevent pollution. However, the authorities did not consider this crucial fact in their decision-making process. It was emphasized that proper recording of material facts with evidence is essential to ensure just decisions and avoid miscarriage of justice.

4. The Tribunal concluded that planting trees for pollution control cannot be equated to garden maintenance. Given that the respondent's claim for service tax paid on such maintenance was valid, the Revenue appeal was dismissed. The judgment highlights the importance of accurately recording material facts to prevent unjust outcomes and uphold the principles of justice.