9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (5) TMI 212 - HC - Central ExciseCENVAT credit - input service - outdoor catering services - Held that - the Tribunal, following the decision of this Court in case of Commr. Of C. Ex., AhmedabadI v. Ferromatik Milacron India Ltd. 2010 (4) TMI 649 - GUJARAT HIGH COURT , held in favor of the respondent, holding that Tribunal was justified in holding that the service tax paid on outdoor catering services by the canteen located in the respondent s manufacturing premises has to be considered as an input service relating to business and that CENVAT credit is admissible - credit allowed - appeal dismissed - decided against Revenue.
Issues: Availability of Cenvat credit on outdoor catering services as input service credit.
In this judgment by the Gujarat High Court, the Department filed an appeal challenging the decision of CESTAT regarding the availability of Cenvat credit on outdoor catering services provided to employees. The main issue was whether such services could be considered as input service credit under the Cenvat Credit Rules, 2004. The Department argued that outdoor catering services did not fall under the definition of input service as per Rule 2(1) of the Cenvat Credit Rules. However, the Tribunal, relying on a previous decision, ruled in favor of the respondent. The Court referred to a previous case involving Ferromatik Milacron India Ltd., where it was held that canteen services provided to employees were indispensable and fell within the ambit of input service as defined under the Rules. The Court emphasized that the input service did not have to be used directly in the manufacture of final products but could be indirectly related to it. Therefore, the Tribunal's decision was considered justified and in line with the Rules, leading to the dismissal of the Department's appeal. Furthermore, the Court mentioned a similar view expressed by the Bombay High Court in a case involving Ultratech Cement Ltd., reinforcing the interpretation that services like outdoor catering provided to employees could be considered as input services for the purpose of availing Cenvat credit. As a result, the Tax Appeal was dismissed based on the reasoning provided in the judgment and the consistent interpretation of the relevant provisions by different High Courts.
|
