2015 (7) TMI 969 - AT - Service Tax

Admissibility of CENVAT Credit - outdoor catering services - Held that - It is the claim of the Appellant that no expenses paid to the service provider is borne by the staff of the Appellant. For this purpose, Appellant filed certain documents for the first time before the Bench. Once certain documents are produced for the first time before the Bench, the case cannot be decided directly on the basis of these documents. The same are required to be examined by the Adjudicating authority to see whether the services of outdoor catering are received by the Appellant and entire cost absorbed by him. - Matter remanded back - Decided in favour of assessee.

Summary

Issues involved:
Admissibility of CENVAT Credit on outdoor catering services provided by M/s Respite Hotels Pvt.Ltd to the Appellant.

Analysis:
The Appellant, engaged in Technical Testing & Analysis and Scientific & Technical Consultancy services, filed appeals against the order denying CENVAT Credit on outdoor catering services. The Appellant conducts clinical research on human subjects in a hospital, providing them with free food supplied by M/s Respite Hotels Pvt.Ltd. The Appellant argued that the entire expense is borne by them, and they are registered with the Service Tax Department. However, documents supporting this claim were not presented before the lower authorities but were submitted for the first time before the Bench.

The primary issue revolves around the admissibility of CENVAT Credit on the outdoor catering services availed by the Appellant. The Appellant contended that the expenses for the catering services are not borne by their staff, and they provided documents to support their claim during the appeal hearing. However, as these documents were not presented before the lower authorities, the case could not be decided solely based on them. The Adjudicating authority needs to examine these documents to determine if the outdoor catering services were indeed received by the Appellant and if the entire cost was absorbed by them.

In the interest of justice, the order passed by the First Appellate Authority was set aside, and the matter was remanded to the Adjudicating authority for a fresh consideration. The Appellant was instructed to provide all supporting documents and case laws before the Adjudicating authority for a thorough review. It was emphasized that the Appellant should be given an opportunity to present their case before a final decision is made by the Adjudicating authority. Consequently, the appeals were allowed by way of remand to the Adjudicating authority for further examination and determination.