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2018 (5) TMI 100 - AT - Central ExciseCENVAT credit - outdoor catering service (canteen service) has been provided to the employees at their factory - Held that - the issue is covered by the Division Bench judgment of this Tribunal in Reliance Industries Ltd 2016 (8) TMI 123 - CESTAT MUMBAI , hence in principle the appellants are eligible to avail credit of service tax paid on Canteen Service provided to the employees in their factory. To ascertain whether any amount has been recovered from the employees, the matter needs to be remanded to the Adjudicating Authority - appeal allowed by way of remand.
Issues Involved:
1. Entitlement to Cenvat Credit of Service Tax on Outdoor Catering Service provided to employees from January 2013 to June 2014. Analysis: Issue 1: Entitlement to Cenvat Credit of Service Tax on Outdoor Catering Service provided to employees from January 2013 to June 2014 The appeal was filed against the order passed by the Commissioner (Appeals) regarding the entitlement of the appellant to avail Cenvat Credit of Service Tax paid on 'Outdoor Catering Service' provided to employees at their factory. The appellant argued that the service was provided in compliance with the Factories' Act and not for personal purposes, making them eligible for the credit. The appellant relied on a Division Bench judgment of the Tribunal in the case of Reliance Industries Ltd vs CCE & ST LTU, Mumbai. The Revenue, represented by the Authorized Representative, contended that it was unclear whether any amount for the canteen service had been recovered from the employees. The Tribunal found that the issue was covered by the Division Bench judgment in the case of Reliance Industries Ltd and held that the appellants were eligible to avail the credit. However, to verify if any amount was recovered from the employees, the matter was remanded to the Adjudicating Authority for further investigation. Consequently, the impugned order was set aside, and the appeal was allowed by way of remand for verification of the relevant facts. This judgment clarifies the criteria for availing Cenvat Credit on 'Outdoor Catering Service' provided to employees and emphasizes the importance of compliance with relevant laws and regulations. The decision highlights the need for proper documentation and verification of facts to determine the eligibility for such credits. The reliance on precedent cases and the remand for further investigation demonstrate the Tribunal's commitment to ensuring a fair and thorough review of tax-related matters.
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