2010 (9) TMI 344 - AT - Service Tax

Cenvat credit service tax paid for outdoor catering services - insurance service availed to cover directors and officers liability on foreign tour, admissible if the activity pertains to business and the amount forms part of the cost of the assessee s final products on which duty is paid

Issues Involved:

1. Admissibility of Cenvat credit on service tax paid for health insurance policies for employees.
2. Admissibility of Cenvat credit on service tax paid for insurance premiums under the Director and Officers liability insurance policy.
3. Admissibility of Cenvat credit on service tax paid for outdoor catering services.

Detailed Analysis:

1. Health Insurance Policies for Employees:

The original authority denied credit for service tax paid on health insurance policies for employees, considering it not covered by the definition of "input service" under Rule 2(l) of the Cenvat Credit Rules (CCR), 2004. The Commissioner vacated this order, relying on the Tribunal's decisions in the cases of GTC Industries Ltd. and Stanzen Toyotetsu India (P.) Ltd. The Tribunal had previously held that credit of service tax paid on services forming part of the assessable value on which excise duty is paid should be allowed. The Tribunal confirmed that group medical insurance for employees is an admissible input service, as settled in the Stanzen Toyotetsu India (P.) Ltd. case.

2. Director and Officers Liability Insurance Policy:

The original authority also denied credit for service tax paid on insurance premiums under the Director and Officers liability insurance policy. The Commissioner vacated this order, following the Tribunal's decisions cited above. The Tribunal clarified that insurance services availed to cover directors' and officers' liability on foreign tours would be admissible if the activity pertains to business and the amount forms part of the cost of the assessee's final products on which duty is paid. The assessee must establish this with records.

3. Outdoor Catering Services:

The original authority denied credit for service tax paid on outdoor catering services, claiming it was not covered by the definition of "input service." The Commissioner vacated this order, relying on the Tribunal's decisions in the cases of GTC Industries Ltd. and Stanzen Toyotetsu India (P.) Ltd. The Tribunal had previously held that canteen facilities provided to employees, mandated under the Factories Act, 1948, are activities relating to business and thus qualify as input services. The Tribunal confirmed that the dispute regarding the entitlement of credit for service tax paid on catering services was decided in favor of the respondents in their own case.

Legal Interpretations and Precedents:

The Tribunal analyzed the definition of "input service" under Rule 2(l) of the CCR, which includes services used in relation to business activities such as accounting, auditing, financing, recruitment, quality control, etc. The Tribunal highlighted that the inclusive part of the definition enlarges the scope of the specific and substantive part, meaning activities related to business need not necessarily be used directly in the manufacture of final products.

The Tribunal referenced the Apex Court's interpretation in the Maruti Suzuki Ltd. case, which defined "input" as goods used in or in relation to the manufacture of final products. However, the Tribunal noted that this interpretation did not apply to "input services" as defined in Rule 2(l) of the CCR. The Tribunal also referred to the High Court of Mumbai's decision in Coca Cola India (P.) Ltd., which clarified that activities related to business have a wide import and need not be restricted to the manufacture of final products.

Conclusion:

The Tribunal allowed the appeal in part by way of remand, directing the original authority to decide the dispute following the decision in Coca Cola India (P.) Ltd. The Tribunal rejected the revenue's appeal on credit relating to health insurance policies for employees and outdoor catering services but allowed the appeal regarding the Director and Officers liability insurance policy, subject to the assessee establishing the business-related nature of the activity and its inclusion in the cost of final products.

← Previous Next →