2016 (12) TMI 1460 - AT - Central Excise

Court broadens Cenvat Credit eligibility for input services, emphasizing manufacturing link

M/s. Hindustan Zinc Ltd. Versus C.C.E. Jaipur

The Court allowed the appeal, confirming the appellant's entitlement to avail Cenvat Credit for input services used outside the factory premises but ... CENVAT credit - whether the appellant is entitled to avail Cenvat Credit in respect of input services used in the mine area which is outside the factory premises or not? - Held that: - The said issue came up before the Hon’ble High Court of Bombay in the case of CCE Aurangabad Vs. Endurance Technology Pvt. Ltd. [2015 (6) TMI 82 - BOMBAY HIGH COURT] wherein it was held that Rule 3 and 4 provide that any input or capital goods received in the factory or any input service received by manufacture of final product would be susceptible to CENVAT credit. Rule does not say that input service received by a manufacturer must be received at the factory premises. The appellant has received certain input services in their search and development unit, although the same is located outside the factory premises but these services are ultimately used for manufacturing of final product. Therefore, these services are in relation to manufacturing of their final product - credit allowed - appeal allowed in favor of appellant. Issues Involved:Whether the appellant is entitled to avail Cenvat Credit for input services used outside the factory premises in relation to the manufacturing of the final product.Analysis:The primary issue in this case revolves around the entitlement of the appellant to avail Cenvat Credit for input services utilized outside the factory premises but in relation to the manufacturing of the final product. The Hon'ble High Court of Bombay in a previous case had addressed a similar issue concerning the entitlement to Cenvat Credit on services provided to windmills situated away from the factory premises. The High Court highlighted the broad definition of input services, emphasizing that services directly or indirectly used in or in relation to the manufacture of final products fall within the ambit of input services. The Court's interpretation encompassed a wide array of services, not limited to specific categories, stressing the comprehensive nature of the definition of input services.Furthermore, the Court referred to previous judgments to reinforce the expansive scope of input services, emphasizing that any services used by the manufacturer directly or indirectly in or in relation to the manufacture of final products qualify as input services. The Court rejected a narrow interpretation that restricted the benefit of Cenvat credit to only specific categories of services, emphasizing the need to consider the entirety of the definition of input services. The Court reiterated that the use of input services, whether directly or indirectly related to the manufacturing process, warrants the availment of Cenvat Credit.In light of the precedents and the broad interpretation of input services, the Court concluded that the appellant in the present case, despite receiving input services outside the factory premises, was entitled to avail Cenvat Credit. The Court emphasized that the services, although utilized outside the factory, were integral to the manufacturing process of the final product. Drawing from the ruling in the Endurance Technology Pvt. Ltd. case, the Court held that the appellant met the criteria for availing Cenvat Credit on input services used outside the factory premises but in relation to the manufacturing of the final product.Ultimately, the Court allowed the appeal, affirming the appellant's entitlement to avail Cenvat Credit for input services utilized outside the factory premises but contributing to the manufacturing process of the final product. The judgment underscored the broad and inclusive nature of input services, ensuring that manufacturers can benefit from Cenvat Credit for services integral to their production activities, irrespective of the physical location of service utilization.This detailed analysis of the judgment highlights the nuanced legal interpretation applied to determine the eligibility of the appellant to claim Cenvat Credit for input services used outside the factory premises but crucial to the manufacturing process of the final product.