2018 (6) TMI 42 - AT - Central Excise

Tribunal ruling: Mixed decision on CENVAT credit appeal. Denials on works contract upheld, some items allowed.

M/s Cement Division Unit of Kesoram Industries Limited Versus Commissioner of Central Excise, Customs & Service Tax, Hyderabad

M/s Cement Division Unit of Kesoram Industries Limited Versus Commissioner of Central Excise, Customs & Service Tax, Hyderabad - TMI Issues involved:1. Denial of service tax credit for works contract services received after a specific date.2. Availment of credit on GTA services without clear indication of delivery obligation.3. Availment of credit on specific items used for foundation work.4. Denial of credit on renting of immovable property due to incomplete invoices and non-usage for manufacturing.5. Availment of credit on liaison services, labor charges, and consultancy services.6. Denial of credit on security services due to factory closure.Issue 1: Denial of service tax credit for works contract services post-amendmentThe appellant's appeal against the denial of service tax credit for works contract services received after 01.04.2011 was rejected. The services were used for setting up a factory after the amendment of CENVAT Credit Rules, 2004, making them ineligible for credit. The appellate tribunal agreed with the lower authorities' decision, citing the exclusion of such services from input services post-amendment.Issue 2: Availment of credit on GTA services without clear delivery obligationThe appellant availed credit on GTA services for outward freight without clear indications of delivery obligations in the invoices. The tribunal upheld the decision to deny this credit, referencing a Supreme Court judgment that disallows CENVAT credit for outward transportation post a specific date.Issue 3: Availment of credit on specific items used for foundation workCredit availed on specific items like washer blanks, foundation bolts, and nuts, used for foundation work of storage tanks and machinery, was partially allowed. While credit on certain items was deemed ineligible, credit on dust collection bags for environmental purposes was considered eligible, as argued by the appellant.Issue 4: Denial of credit on renting of immovable propertyThe denial of credit on renting immovable property services due to incomplete invoices and non-usage for manufacturing was challenged by the appellant. The tribunal overturned this decision, noting that the appellant had intentions to restart manufacturing at the leased premises, even during the period of factory closure due to labor issues.Issue 5: Availment of credit on liaison services, labor charges, and consultancy servicesThe appellant's claim for credit on liaison services, labor charges, and consultancy services was supported by the tribunal. Despite invoices being raised at a different unit, the tribunal found the expenses related to the Bollaram unit's activities, making the appellant eligible for the credit.Issue 6: Denial of credit on security services due to factory closureThe denial of credit on security services due to factory closure was contested by the appellant. The tribunal ruled in favor of the appellant, emphasizing that the services were utilized for maintaining security at the factory premises, even during the suspension of manufacturing activities.The judgment highlighted various instances where the appellant's claims for CENVAT credit were either denied or partially allowed based on the specific circumstances and legal provisions. The tribunal carefully analyzed each issue, considering the arguments presented by both parties and relevant legal precedents. Ultimately, the tribunal partly allowed and partly rejected the appeal, directing the appellant to reverse/pay the denied credit amounts along with applicable interest. The penalty imposed on the appellant was deemed unwarranted, given the nature of the infractions and the regular filing of returns to inform the Revenue Authorities.