2013 (6) TMI 414 - AT - Service Tax

Cenvat Credit - input services - canteen service - used in or in relation to manufacture - Hon ble High Court of Gujarat in the case of Ferromatic Milacron India Ltd. 2010 (4) TMI 649 - GUJARAT HIGH COURT , has confirmed the view that credit of Service Tax paid on outdoor catering service provided in factory canteen is admissible since it is mandatory for the employer to provide canteen services to staff under Factory Act, 1948. It was held that the provision of catering service is a statutory requirement and is indispensable for the manufacturer to run the factory and such service can be said to have been indirectly used in relation to manufacture of final product and therefore covered under the definition of input service. - Decided in favor of assessee.

Summary

Issues:
Denial of CENVAT credit on service tax paid for catering services as input service for manufacturing finished goods.

Analysis:
The judgment revolves around the denial of CENVAT credit on Service Tax paid for catering services during specific periods. The Department contended that the catering services did not qualify as input services directly related to the manufacturing of finished goods. This led to the initiation of proceedings resulting in the confirmation of the Service Tax demand, interest, and penalty imposition. The respondent's appeal was successful at the Commissioner (Appeals) level, prompting the Revenue to appeal the decision.

The Tribunal noted the absence of the respondent during the proceedings but considered their written submissions. After hearing the arguments from the authorized representative and reviewing the submissions, the Tribunal found no grounds to overturn the Commissioner (Appeals) decision. The Tribunal referenced a judgment by the Hon'ble High Court of Gujarat in a similar case, Ferromatic Milacron India Ltd., where it was established that credit for Service Tax paid on catering services in a factory canteen is permissible under the Factory Act, 1948. The High Court ruled that catering services are essential for factory operations and can be indirectly linked to the manufacturing process, thus qualifying as an input service.

Given the similarity of facts between the present cases and the precedent set by the High Court, the Tribunal rejected both appeals. The decision was based on the understanding that catering services in a factory canteen, being a statutory requirement, are integral to the manufacturing process and fall within the definition of input services. The judgment underscores the importance of statutory obligations and the indirect relationship between certain services and the manufacturing activities in determining the eligibility for CENVAT credit on Service Tax paid.