2018 (8) TMI 1496 - AT - Central Excise

CENVAT Credit - input services - cleaning/housekeeping services - Held that - The appellant has availed the impugned services for the purpose of cleaning the equipment/machinery used in the manufacturing activity. Further housekeeping services were availed to keep the factory premises as well as the office attached to the factory in a clean and hygienic manner. These services are indispensable for the manufacturing activity and are integrally connected also - the denial of credit is unjustified - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Eligibility of cleaning/housekeeping services for Cenvat Credit under service tax laws.

Analysis:
The case involved a dispute regarding the eligibility of cleaning and housekeeping services for availing Cenvat Credit under service tax laws. The appellants, manufacturers of Condenser and Vacuum System, had claimed credit on these services for the period from February 2011 to October 2015. The Department contended that these services did not qualify as eligible input services. A Show Cause Notice was issued, leading to the disallowance of credit, demand for recovery, interest, and imposition of penalty by the original authority, a decision upheld by the Commissioner (Appeals).

The appellant argued that the cleaning services were essential for maintaining the equipment/machinery used in manufacturing and that housekeeping services were crucial for ensuring cleanliness in the factory and office premises. They contended that these services fell under the definition of input services and were related to manufacturing activities. The appellant relied on precedents such as the decision in the case of Sai Life Sciences Ltd. vs. CCE, Cus. & S.T., Hyderabad-IV and Hindustan Petroleum Corporation Ltd. vs. CCE Visakhapatnam-I to support their claim.

On the other hand, the learned AR supported the findings of the impugned order and cited the decision in the case of M/s. Maruti Suzuki Ltd. vs. CCE, Delhi [2009 (240) E.L.T. 641 (SC)]. After hearing both sides, the Tribunal noted that the appellant had availed the services in question for cleaning equipment/machinery and maintaining cleanliness in the factory and office premises. These services were deemed indispensable for manufacturing activities and were closely connected to the same. The Tribunal agreed with the appellant's argument that these services fell within the definition of input services, as supported by the cited precedents.

Consequently, the Tribunal found the denial of credit unjustified and set aside the impugned order disallowing the credit. The appeal was allowed, with any consequential reliefs to follow. The judgment emphasized the integral connection of the services to manufacturing activities and the applicability of the second clause in the definition of input services, ultimately ruling in favor of the appellant.