2018 (3) TMI 753 - AT - Central Excise

Tribunal allows cenvat credit for essential services in refinery but disallows credit for certain services

Hindustan Petroleum Corporation Ltd. Versus Commissioner of Central Excise & Customs,

The tribunal allowed cenvat credit for various essential services used in a petroleum refinery, including housekeeping during turnaround, spading & ... CENVAT credit - various input services - whether cenvat credit on the input services namely hiring of vehicles, auto repairing & maintenance, life/health insurance of staff and CISF personnel, canteen service, catering service, removal of honey comp, disposal of canteen waste, removal of medical waste, maintenance of garden & grass cutting etc. is admissible to the Appellant or otherwise? Held that: - the eligibility to avail cenvat credit on the input services depends on its use in the factory of the manufacturer. All the services are essential for the over-all operation of the petroleum refinery. The petroleum refinery is spreaded in a huge area, which consists of open ground, plants, garden etc. Therefore, all the services are required for up-keep and operation of the petroleum refinery plant. The period involved is 2014-15. W.e.f. 1.4.2011, the definition of input service has undergone a change. By reading the above amended definition, it is observed that certain services have been excluded from the purview of input service w.e.f. 1.4.2011. Amongst those services, the services involved in the present case are catering service (S.No. 43), hotel bill (S.No. 57). These services were consumed by the employees of the Appellant, therefore, the same are not eligible for cenvat credit. The credit on the services mentioned at S.No. 18 - car hiring, S.No. 28 - catering, S. No. 43 - catering, S.No. 53 (details not available), S.No. 57 - hotel bill, is not available to the Appellant. In respect of rest of the services, the credit is admissible. Appeal allowed in part. Issues Involved:1. Admissibility of cenvat credit on various input services used in the petroleum refinery.Issue-wise Detailed Analysis:1. Housekeeping Job During Turnaround:The appellant argued that housekeeping during the turnaround is statutorily required for maintenance at the refinery, involving supervision of equipment and materials. The tribunal accepted this justification, noting the necessity for the overall operation of the refinery.2. Spading & De-Spading:The appellant contended that these services are essential for maintaining plant and machinery, covering a range of jobs from scaffolding to furnace jobs. The tribunal found these services essential for refinery operations and allowed the credit.3. Survey & Mapping:The appellant explained that these services involve route surveys, geotechnical investigations, and other surveys necessary for engineering work. The tribunal acknowledged their necessity for refinery operations and allowed the credit.4. Gardening and Grass Cutting Jobs:The appellant argued that statutory conditions require maintaining a green cover and a clean environment. The tribunal accepted this argument and allowed the credit.5. Employee Medical:The appellant stated that medical insurance is required for CISF personnel due to the inflammable nature of the products. The tribunal found this service essential and allowed the credit.6. Salt Water Pump House Maintenance:The appellant explained the importance of maintaining the cooling tower, which uses salt water from the sea. The tribunal accepted this necessity and allowed the credit.7. Mechanized Service for Lab:The appellant argued that these services are crucial for quality control and lab testing of petroleum products. The tribunal found these services necessary and allowed the credit.8. Miscellaneous Services (Carpentry, UHF Services, Turn Around Maintenance, etc.):The tribunal reviewed each service and found them essential for the refinery's operation, allowing the credit for most services except those explicitly excluded under the amended definition.9. Excluded Services:The tribunal noted that certain services, such as catering (S.No. 28, 43), hotel bills (S.No. 57), and services with insufficient details (S.No. 53), are explicitly excluded from the definition of input services under the amended Rule 2(l) of the Cenvat Credit Rules. Consequently, the credit for these services was disallowed.10. Conclusion:The tribunal concluded that the majority of the services are essential for the refinery's operation and thus eligible for cenvat credit. However, credit for car hiring (S.No. 18), catering (S.No. 28, 43), hotel bills (S.No. 57), and services with insufficient details (S.No. 53) was disallowed. The impugned order was modified accordingly, and the appeal was partly allowed.Pronouncement:The judgment was pronounced in court on 16/02/2018.