2011 (11) TMI 520 - AT - Service Tax

Whether CENVAT credit on outdoor catering services availed by the respondent for supply of food in the factory canteen to their workers/employees during the period of dispute is admissible in terms of Rule 2(1) of the CENVAT Credit Rules, 2004, which defines input service Held that - The outdoor catering service availed by the respondent cannot mature to be an input service unless it is proved during the material period, they had employed more than 250 workers and the cost of supply of food to the workers was also included in the cost of production of excisable goods - Since neither of these aspects is proved in the appeal memo against assessee.

Summary

Issues involved:
1. Admissibility of CENVAT credit on "outdoor catering services" for factory canteen.
2. Claiming CENVAT credit on "group insurance service".

Analysis:
1. The main issue in appeal No.E/782/2009 was the admissibility of CENVAT credit on "outdoor catering services" provided by the respondent in their factory canteen to workers. The question was whether this service qualifies as an 'input service' under Rule 2(1) of the CENVAT Credit Rules, 2004. The Department argued that the credit could only be claimed if the respondent had employed more than 250 workers during the relevant period. The Department relied on a High Court judgment for this argument. However, the Tribunal noted that the High Court had previously ruled in favor of the assessee regarding the admissibility of CENVAT credit on "group insurance service," which also benefited the present respondent. The Tribunal upheld the lower appellate authority's decision that "outdoor catering service" qualifies as an 'input service' for CENVAT credit, citing a relevant Tribunal decision. The Tribunal also highlighted that the Department's arguments raised new factual questions not mentioned in the appeal memo and, therefore, could not be considered.

2. In the case of appeal Nos.E/781 and 783/2009, the issue was whether the respondent could claim CENVAT credit on "group insurance service." The Tribunal referred to the High Court's judgment, which had settled the question of admissibility of CENVAT credit on "group insurance" as an 'input service' in favor of the assessee. Consequently, the appeals E/781 & 783/2009 were rejected based on the High Court's ruling in a similar case. The Tribunal emphasized the importance of previous legal precedents and decisions in determining the admissibility of CENVAT credit for different services.

3. The Tribunal's decision in this judgment highlighted the significance of legal precedents, specifically citing relevant High Court and Tribunal decisions to support its findings. The analysis of each issue involved a thorough examination of the applicable rules and definitions under the CENVAT Credit Rules, 2004, demonstrating the importance of legal interpretation and consistency in tax matters. The Tribunal's detailed reasoning and reliance on established legal principles underscored the need for clarity and adherence to legal standards in determining the admissibility of CENVAT credit for various services provided by the respondent.