2011 (4) TMI 1122 - HC - Service Tax

Services like medical benefits, insurance, landscaping, environmental and CSR expenses qualify as input services under Rule 2(l) Cenvat

Commissioner of Central Excise, Bangalore Versus Millipore India (P.) Ltd.

HC upheld the Tribunal, dismissing the appeal and affirming that the services in question qualify as 'input services' under Rule 2(l) of the Cenvat Credit ... Interpretation of term 'Input Services' - Whether Tribunal was correct in interpreting the term 'Input Services' as enumerated in Rule 2(l) of Cenvat Credit Rules, 2004, and allowing the various ineligible Input service Tax credit, which are not covered or not remotely connected with the manufacture of the final products - Held that:- Activities relating to business and any services rendered in connection there with, would form part of the input services. The medical benefits extended to the employees, insurance policy to cover the risk of accidents to the vehicle as well as the person, certainly would be a part of the salary paid to the employees. Landscaping of factory or garden certainly would fall within the concept of modernization, renovation, repair, etc. of the office premises. At any rate, the credit rating of an industry is depended upon how the factory is maintained inside and outside the premises. The Environmental law expects the employer to keep the factory without contravening any of those laws. That apart, now the concept of corporate social responsibility is also relevant. It is to discharge a statutory obligation, when the employer spends money to maintain their factory premises in an eco-friendly, manner, certainly, the tax paid on such services would form part of the costs of the final products, Tribunal was right in holding that the service tax paid in all these cases would fall within the input services and the assessee is entitled to the benefit thereof, appeal is dismissed Issues:- Interpretation of term 'Input Services' under Cenvat Credit Rules, 2004- Eligibility of various services for Cenvat credit- Justification for allowing appeal filed by the assesseeInterpretation of 'Input Services':The case involved a dispute over the interpretation of the term 'Input Services' under the Cenvat Credit Rules, 2004. The appellant, engaged in manufacturing excisable goods, claimed Cenvat credit on various services, including transportation charges, insurance, catering bills, and personal accident policies. The revenue contended that these services did not qualify as input services under Rule 2(1) of the Rules. The Commissioner of Central Excise upheld the disallowance of certain credits but remanded the matter regarding transportation charges. The Tribunal, however, held that the services in question fell within the scope of 'activities relating to business,' making them eligible for Cenvat credit. Consequently, the Tribunal set aside the previous order and restored the benefit to the assessee.Eligibility of Various Services for Cenvat Credit:The Tribunal's decision was based on a broad interpretation of input services, considering activities related to business as part of the definition. The Tribunal reasoned that services such as medical and personal accident policies, insurance, landscaping, and catering bills were integral to the business operations and modernization efforts of the assessee. The judgment highlighted the importance of maintaining factory premises in compliance with environmental laws and corporate social responsibility standards. The court emphasized that services contributing to the overall well-being and efficiency of the business, including employee benefits and premises maintenance, should be considered as part of input services. Therefore, the Tribunal's decision to allow Cenvat credit on these services was deemed justified.Justification for Allowing Appeal:The appellant raised substantial questions of law regarding the Tribunal's interpretation of 'Input Services' and the justification for allowing the appeal. The court referred to CAS-4 standards and emphasized the inclusion of various costs in the production of final goods. The judgment underscored that if service tax was paid on services forming part of the final product costs, the assessee was entitled to claim Cenvat credit on such payments. The court concluded that the broad definition of input services encompassed a wide range of business-related activities, supporting the Tribunal's decision to grant the benefit of Cenvat credit to the assessee. Consequently, the court dismissed the appeal, ruling in favor of the assessee and against the revenue.In summary, the judgment clarified the interpretation of 'Input Services,' affirmed the eligibility of various services for Cenvat credit, and justified the Tribunal's decision to allow the appeal filed by the assessee.