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2021 (12) TMI 482 - AT - Service TaxCENVAT Credit - Club and Association services - Outdoor Catering services - period prior to 2011 - HELD THAT - The issue is squarely covered in respect of Club and Association services in the case of M/S OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED VERSUS COMMISSIONER OF CGST, MUMBAI EAST 2020 (10) TMI 478 - CESTAT MUMBAI in favour of the appellant where credit on are allowed and credit on Outdoor Catering Services denied. The appeals are partially allowed to the extent of cenvat credit in respect of Club and Association services.
Issues:
Admissibility of cenvat credit for Club and Association services and Outdoor Catering services for the period prior to 2011. Analysis: The appeals were filed against an Order-in-Appeal by the Commissioner of Central Excise & CGST. The impugned order was modified to reduce the demand and penalties for different Show Cause Notices (SCNs). The issue revolved around the admissibility of cenvat credit for Club and Association services and Outdoor Catering services prior to 2011. The Tribunal had previously decided in favor of the appellant regarding Club and Association services for a subsequent period. The Consultant argued for the admissibility of cenvat credit for Club and Association services. The Authorised Representative reiterated the findings of the impugned order. Upon considering the impugned order, submissions, and arguments, the Tribunal found that the issue regarding Club and Association services was covered in favor of the appellant by a previous order. The Tribunal noted that certain services were excluded from the definition of 'input service' post-April 2011, but corporate club memberships without personal use were eligible. The appellant had provided documentary evidence to establish that the services were not for personal use. The Tribunal concluded that the memberships were essential for the business and had a nexus with the output service, making them eligible as input services. In the final decision, the appeals were partially allowed concerning the cenvat credit for Club and Association services. The Tribunal pronounced the order in the open court, bringing the matter to a conclusion.
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