2008 (7) TMI 150 - AT - Service Tax

Failure on the part of the Revenue to make enquiries is not an error apparent on record and needs no rectification. It cannot be said that the Tribunal has not considered the material evidence on record available before it - It is not open to the Revenue to reargue the matter or call upon the Tribunal to review the basis of the decision - No merit in the ROM applications filed by the Revenue, hence dismissed

Summary

Issues:
1. Eligibility of Input Service Credit for outdoor catering services.
2. Interpretation of Rule 2(1) of the Cenvat Credit Rules, 2004.
3. Applicability of canteen/catering services as business activity.
4. Rectification of errors in the Tribunal's order.

Eligibility of Input Service Credit for outdoor catering services:
The Revenue moved applications against the Tribunal's Final Order, arguing that essential facts were not presented during the case. A study on canteen facilities revealed that the outdoor caterer serves the company's employees, not the company itself. As the service tax is paid by employees availing the service, the appellants were deemed ineligible for Input Service Credit under Rule 2(1) of the Cenvat Credit Rules, 2004.

Interpretation of Rule 2(1) of the Cenvat Credit Rules, 2004:
The Tribunal referred to a previous order where it was held that canteen/catering services, though obligatory under the Factories Act, do not relate to business activity. The Rule specifies activities related to business, such as accounting and auditing, which are distinct from welfare activities like canteen services. Therefore, the Tribunal determined that canteen services are more in the nature of welfare activities, making them ineligible for credit.

Applicability of canteen/catering services as business activity:
The Tribunal emphasized that the Revenue's failure to conduct inquiries did not constitute an error in the record. It was noted that the Tribunal had considered all available evidence. The Tribunal also clarified that the failure to cite a previous judgment did not warrant rectification, as the decision was made after thorough consideration of all issues. The Tribunal highlighted that rectification is only applicable for obvious mistakes, not matters requiring extensive reasoning.

Rectification of errors in the Tribunal's order:
After considering the arguments and case laws presented, the Tribunal dismissed the Revenue's applications for rectification, stating that there was no merit in the requests. The Tribunal emphasized that rectification is reserved for clear and indisputable errors, not for matters open to interpretation. The applications were ultimately rejected.

This detailed analysis of the judgment provides insights into the issues of eligibility for Input Service Credit, the interpretation of relevant rules, the distinction between business and welfare activities, and the criteria for rectifying errors in the Tribunal's order.