2016 (7) TMI 1064 - AT - Central Excise

Appellant allowed Cenvat credit for essential services in manufacturing process

M/s Hindustan Zinc Ltd. Versus CCE & ST, Udaipur

The appellant was granted Cenvat credit for service tax paid on technical inspection and certification service for pipelines and installation service for ... Cenvat credit - eligible input services - credit of service tax paid on (a) technical inspection and certification service w.r.t. the pipelines for transport of water from dams to the Dariba unit and b) service tax paid on installation service for laying of the said pipelines for transport of water to Dariba unit. - Held that:- The admitted facts are that water is essential in the manufacturing process, the pipelines are exclusively used for transport of water for the said purpose. The service tax paid is on services received w.r.t. pipelines. The reasoning given by the lower Authorities regarding these services being not connected with manufacture is not sustainable - the scope of input services as given under Rule 2 (l) of Cenvat Credit Rules, 2004 is not restricted to the location of the factory premises alone. - credit allowed - Decided in favor of assessee. Issues:Availability of Cenvat credit for service tax paid on technical inspection and certification service for pipelines and service tax paid on installation service for laying pipelines for water transportation to the manufacturing unit.Analysis:The appeals involved a dispute regarding the eligibility of the appellant for Cenvat credit on service tax paid for laying, inspecting, and certifying pipelines used for transporting water to the manufacturing unit. The Revenue disallowed the credits, contending that these services were not integrally connected with the manufacture of concentrated ores. The appellant argued that water transportation for washing ore is essential for further concentration, and the pipelines are exclusively used for this purpose. They relied on legal provisions and court decisions to support their claim. The Revenue maintained that the pipelines had no direct connection with the manufacturing process of concentrated ore.Upon examination, it was established that water is crucial in the manufacturing process, and the pipelines are solely used for transporting water for this purpose. The service tax paid was on services received for the pipelines. The lower authorities' reasoning that these services were not connected with manufacture was deemed unsustainable. Reference was made to a judgment by the Hon'ble Bombay High Court, emphasizing the broad and comprehensive definition of 'input service.' The court clarified that the restriction on the location of the factory premises for availing Cenvat credit does not apply to input services. The Tribunal's interpretation restricting the benefit of credit for input services was found to be contrary to the legal provisions.The judgment highlighted that Rule 3(1) allows a manufacturer to take credit of Service Tax on input services used directly or indirectly in relation to the manufacture of final products. The inclusive definition of 'input service' encompasses services used by the manufacturer in or in relation to the manufacture of final products. The Tribunal's interpretation limiting the benefit of credit for input services related to inputs procurement and inward transportation was deemed incorrect. The judgment concluded that the appellant was entitled to Cenvat credit for the services in question, following established legal principles and court precedents. The impugned orders were set aside, and the appeals were allowed with consequential relief, if any.