2018 (9) TMI 893 - AT - Central Excise

CENVAT credit - input services - Housekeeping services - Held that - The appellants have availed the impugned services to keep the factory premises clean as well as to keep the office clean and in hygienic manner. The Factories Act, 1948 mandates that the factory premises has to be maintained sufficient degree of cleanliness, maintenance etc. Hence, housekeeping services are indispensable for the manufacture of final products - credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Denial of Cenvat credit on Housekeeping services for the period under dispute.
- Appeal against disallowance of credit and imposition of penalties.
- Interpretation of eligibility of housekeeping services as essential input services for day-to-day functioning.

Analysis:
The judgment by the Appellate Tribunal CESTAT CHENNAI involved the issue of denial of Cenvat credit on Housekeeping services for a specific period. The appellants, engaged in manufacturing packaging materials, availed Cenvat credit during the period 2007-08 to July'12 and Aug'12 to March'13. The original authority disallowed the credit, confirmed the demand, imposed penalties, and the Commissioner (Appeals) upheld the decision, leading to the appeal.

During the proceedings, the appellant's counsel argued that housekeeping services were essential for maintaining cleanliness and hygiene in the factory and office premises, crucial for daily operations. The counsel relied on previous Tribunal decisions in the appellant's favor and also cited a relevant case law to support their argument. On the other hand, the Assistant Commissioner supported the findings in the impugned order.

The Tribunal observed that maintaining cleanliness and hygiene in factory premises is mandatory under the Factories Act, 1948, highlighting the importance of housekeeping services in the manufacturing process. Referring to previous decisions where Cenvat credit on similar services was allowed for the subsequent period, the Tribunal concluded that disallowing the credit in the present case was unjustified.

Consequently, the Tribunal set aside the impugned order, allowing the appeal and providing for any consequential reliefs. The judgment emphasized the essential nature of housekeeping services for manufacturing operations and the precedent set by previous decisions in similar cases, leading to the favorable outcome for the appellants.