2011 (8) TMI 560 - AT - Central Excise

Eligible of Cenvat credit of service tax paid on outdoor catering services for providing canteen facilities to their workers - Held That - Whether providing of food/catering services to the workers was the requirement of the Factory Act or any other Labour Laws of the Central Government or State Government, which were applicable to them. If under the Factory Act or any other Labour Laws, the respondent are required to provide catering services to their workers, the same would have to be treated as input services and would be eligible for Cenvat credit while if they are not required to provide under the Factory Act or any other Labour Laws, catering facilities to their workers, but still they are providing the same as a welfare measure, in such a situation, the outdoor catering services would not be covered by the definition of input services

Summary

Issues:
Eligibility of outdoor catering services for Cenvat credit under the Central Excise Tariff Act, 1985.

Analysis:

Issue 1: Eligibility of outdoor catering services for Cenvat credit
The case involved a dispute regarding the eligibility of Cenvat credit for service tax paid on outdoor catering services availed by the manufacturers for providing canteen facilities to their workers. The Joint Commissioner initially denied the credit, but the Commissioner (Appeals) overturned this decision, allowing the credit based on the definition of input service under Rule 2(1) of the Cenvat Credit Rules, 2004. The Department filed an appeal challenging this decision, arguing that catering services are welfare activities, not directly related to the manufacturing business. The Department cited precedents and judgments to support their argument that services must have a nexus with the business to qualify as input services. The Respondent, on the other hand, contended that outdoor catering services are covered by the definition of input service, especially when required by labor laws, as established by previous court decisions.

Issue 1 Analysis:
The definition of 'input service' under Rule 2(1) of the Cenvat Credit Rules, 2004 was crucial in determining the eligibility of outdoor catering services for Cenvat credit. The main definition clause encompassed services directly or indirectly used in or in relation to the manufacture of final products. Additionally, the inclusive part of the definition covered activities relating to business, emphasizing the necessity of a nexus with the manufacturing business. Court precedents highlighted the importance of services required for compliance with Central, State, or local laws, indicating their eligibility as input services. The judgments of the Hon'ble Bombay High Court and Hon'ble Gujarat High Court clarified that services indispensable for manufacturing activities, such as outdoor catering services mandated by labor laws, qualify as input services. The need for a clear nexus with the manufacturing business and compliance with relevant laws emerged as key criteria for determining eligibility for Cenvat credit. The lack of examination regarding the requirement of catering services under labor laws in the original adjudication necessitated setting aside the impugned order and remanding the matter for a fresh examination to determine the eligibility of outdoor catering services for Cenvat credit based on legal requirements.

Conclusion:
The judgment highlighted the significance of a nexus with the manufacturing business and compliance with labor laws in determining the eligibility of services for Cenvat credit under the Central Excise Tariff Act, 1985. The case underscored the need for a thorough examination of legal requirements to establish the link between services availed and manufacturing activities, ensuring compliance with relevant laws for the allowance of Cenvat credit.