18 June 2012
I am Manufacturer/service Provider, can I claim CENVAT Credit of Service Tax Element on Factory Building/ Office Premises against my liability towards Excise/Service tax on output services. Relevant extract in favor of assessee is given below.
"As per Rule 2 (l) of the Cenvat Credit Rules,2004 Input Service includes services used in relation to setting up, modernization, renovation or repair of a factory, premises of provider of output service or an office relating to such factory or premises."
Please give the specific case law in which service tax credit on construction of factory Building/office premises was allowed.
19 June 2012
Any service have relationship with construction activity, resulting in immovable property then you cannot avail.
However, Cenvat Credit will be allowed if these services are used for providing services in relation to construction.
You may avail cenvat credit in respect of services like completion & finishing, repairs, renovation, maintenance etc taxable under Commercial or Industrial Construction Services, which are not in the exclusion part of the service tax cenvat credit provisions
"As per Rule 2 (l) of the Cenvat Credit Rules,2004 Input Service includes services used in relation to setting up, modernization, renovation or repair of a factory, premises of provider of output service or an office relating to such factory or premises."
"As per Rule 2 (l) of the Cenvat Credit Rules,2004 Input Service includes services used in relation to setting up, modernization, renovation or repair of a factory, premises of provider of output service or an office relating to such factory or premises."
19 July 2024
The provision you're referring to is from Rule 2(l) of the Cenvat Credit Rules, 2004, which defines "input service" for the purpose of availing CENVAT credit under the central excise and service tax laws in India. Here’s an explanation of what this provision means:
### Rule 2(l) of the Cenvat Credit Rules, 2004:
**Input Service**: As per Rule 2(l), "input service" means any service used by a manufacturer or a provider of output service for providing an output service or used by the manufacturer, whether directly or indirectly, in or in relation to the manufacture of final products and clearance of final products up to the place of removal.
Now, specifically addressing your query about the part of Rule 2(l) that mentions setting up, modernization, renovation, or repair:
- **Setting up**: This refers to services used during the initial establishment of a factory or premises where goods are manufactured or services are provided. It covers services directly related to the installation of machinery, equipment, and infrastructure necessary for commencing operations.
- **Modernization**: Services used to upgrade or improve the efficiency, productivity, or technology of an existing factory, premises, or office. This could include upgrading machinery, systems, or processes to enhance operational capabilities.
- **Renovation**: Refers to services used to restore or repair the existing infrastructure, premises, or factory to maintain or enhance its functionality. Renovation could involve repairing structural elements, systems, or utilities to ensure they meet operational standards.
- **Repair**: Services used for the maintenance or restoration of machinery, equipment, or infrastructure within the factory, premises, or office. Repair services are essential to keep operations running smoothly and prevent breakdowns.
### Practical Application:
For businesses eligible for CENVAT credit (such as manufacturers or service providers), these input services are crucial because they directly contribute to the production process or the provision of services. By allowing credit on these services, the government aims to reduce the cascading effect of taxes and promote efficiency in manufacturing and service sectors.
**Example**: Suppose a manufacturing company undergoes a renovation of its production floor to accommodate new machinery. The services provided by contractors for this renovation, including civil work, electrical installations, and plumbing, would qualify as input services under Rule 2(l). The company can avail CENVAT credit on the service tax paid for these renovation services because they directly relate to the manufacturing process.
In summary, Rule 2(l) of the Cenvat Credit Rules, 2004 broadens the scope of what constitutes "input services" by including services used in setting up, modernization, renovation, or repair of factory premises or offices related to such premises. This provision allows businesses to claim CENVAT credit on these essential services, thereby reducing their tax burden and improving competitiveness.
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