2011 (4) TMI 1122 - HC - Service Tax

Whether Tribunal was correct in interpreting the term "Input Services" as enumerated in Rule 2(l) of Cenvat Credit Rules, 2004, and allowing the various ineligible Input service Tax credit, which are not covered or not remotely connected with the manufacture of the final products – Held that:- Activities relating to business and any services rendered in connection there with, would form part of the input services. The medical benefits extended to the employees, insurance policy to cover the risk of accidents to the vehicle as well as the person, certainly would be a part of the salary paid to the employees. Landscaping of factory or garden certainly would fall within the concept of modernization, renovation, repair, etc. of the office premises. At any rate, the credit rating of an industry is depended upon how the factory is maintained inside and outside the premises. The Environmental law expects the employer to keep the factory without contravening any of those laws. That apart, now the concept of corporate social responsibility is also relevant. It is to discharge a statutory obligation, when the employer spends money to maintain their factory premises in an eco-friendly, manner, certainly, the tax paid on such services would form part of the costs of the final products, Tribunal was right in holding that the service tax paid in all these cases would fall within the input services and the assessee is entitled to the benefit thereof, appeal is dismissed