2018 (3) TMI 773 - AT - Service Tax

CENVAT credit - the appellant had availed credit on construction services which were availed for constructing warehouse - whether the appellant is eligible for credit availed on construction services? - Held that - The period involved is prior to 1.4.2011 during which period, the definition of input services included the activity of setting up of factory / premises of output service provider - The Hon ble High court of Andhra Pradesh in the case of Sai Sahmita Storages (P) Ltd. 2011 (2) TMI 400 - ANDHRA PRADESH HIGH COURT has specifically analyzed the eligibility of credit on similar issue and held that A plain reading of both the above definitions would show that, unless excluded, ail goods used in relation to manufacture of final product or for any other purpose used by a provider of taxable service for providing an output service are eligible for CENVAT credit - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Eligibility of credit availed on construction services for providing warehousing services.

Analysis:
The case involved the appellant, engaged in providing warehousing services, who availed credit on construction services for building a warehouse. The department deemed this credit as ineligible, leading to the issuance of a show-cause notice for recovery of credit, interest, and penalties. The original authority and Commissioner (Appeals) upheld the demand. The main contention was whether the construction services used for providing output service (renting of warehouse) qualified as input service, making the appellant eligible for the credit.

The appellant argued that the construction services were indeed used for providing output service, thus meeting the criteria for input service. The appellant relied on various case laws to support this argument. On the other hand, the respondent contended that there was no nexus between the construction services and the activity of renting the warehouse, supporting the disallowance of credit by the lower authorities.

The issue for consideration was whether the appellant was eligible for the credit availed on construction services, especially during a period when the definition of input services included setting up of premises of the output service provider. Citing the case of Sai Sahmita Storages (P) Ltd., the Tribunal analyzed the eligibility of credit on a similar issue. Referring to the definition of input services, the Tribunal emphasized the requirement that goods used in or in relation to the manufacture of final products qualify as input, necessitating the presence of the manufacturing element. The Tribunal also highlighted the functional utility of the input in relation to the manufacture of the final product as a crucial consideration.

Ultimately, the Tribunal held that the demand for recovery of credit on construction services was unsustainable based on the principles outlined in the case laws and the definition of input services. Consequently, the impugned order was set aside, and the appeal was allowed with any consequential benefits as per the law.