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2015 (4) TMI 254 - HC - Service TaxBenefit of Cenvat credit - outdoor catering services - services provided in the factory for employees of the factory and outward freight services - whether the assessee can utilise the cenvat credit facilities in respect of outdoor catering services, provided in the factory for its employees and outward freight service as input service - held that - Court dealt with the issue with regard to outdoor catering service, in a batch of appeals in 2015 (3) TMI 736 - MADRAS HIGH COURT held in favour of the assessee by following the decision of the Bombay High Court in the case of CCE V. Ultratech Cement Ltd. reported in 2010 (10) TMI 13 - BOMBAY HIGH COURT , wherein all the contentions raised by the Revenue has been considered in extenso including the definition of 'input service' as defined in the case of Maruti Suzuki Ltd. V. CCE reported in 2009 (8) TMI 14 - SUPREME COURT . The Bombay High Court came to the conclusion that the decision of the Larger Bench of the CESTAT in the case of CCE V. GTC Industries Ltd. 2008 (9) TMI 56 - CESTAT MUMBAI is a correct law, however, with a rider that where the cost of the food is borne by the worker, the manufacturer cannot take credit of that part of the service tax which is borne by the consumer. - Therefore, the issue as decided by the Tribunal and the various Courts clearly settled the issue that the Cenvat Credit has been properly availed in respect of outdoor catering services. Outward freight charges - Held that - Kanartaka High Court in the case of CCE V. ABB Ltd., Bangalore reported in 2011 (3) TMI 248 - KARNATAKA HIGH COURT , which was rendered on the appeal filed by the Department as against the decision of the full Bench of the Tribunal, while answering the issue whether the services availed by a manufacturer for outward transportation of final products from the place of removal should be treated as an input service in terms of Rule 2 (1) (ii) of the CENVAT Credit Rules, 2004 and thereby enabling the manufacturer to take credit of the service tax on the value of such services - Decided against Revenue.
Issues Involved:
1. Whether the first respondent can avail CENVAT Credit of Service Tax paid on canteen service and outward freight treating them as 'Input Service' when those services are not in relation to the manufacture of final products. 2. Whether the Tribunal correctly applied the ratio of the Larger Bench decisions in the cases of CCE, Mumbai v. GTC Industries Ltd. and ABB Ltd. v. CCE Bangalore. Detailed Analysis: 1. Availment of CENVAT Credit on Canteen Service and Outward Freight: The core issue is whether the assessee can utilize the CENVAT credit for outdoor catering services provided in the factory for its employees and outward freight services as input services. The Department objected to the assessee's claim, arguing that these services do not fall within the definition of 'input service' under Rule 2(l) of the Cenvat Credit Rules, 2004. The Adjudicating Authority disallowed the CENVAT credit, but the Commissioner (Appeals) allowed credit for canteen services while disallowing it for freight. The Tribunal, however, allowed credit for both services. 2. Application of Larger Bench Decisions: The Tribunal followed the Larger Bench decisions in the cases of CCE, Mumbai v. GTC Industries Ltd. and ABB Ltd. v. CCE Bangalore, treating outdoor catering and outward freight services as input services related to business. The High Court of Madras upheld this view, referencing the Bombay High Court's decision in CCE v. Ultratech Cement Ltd., which interpreted 'input service' broadly to include services integrally connected with the business of manufacturing final products. The Court emphasized that the definition of 'input service' is wide, covering services used directly or indirectly in or in relation to the manufacture of final products and services related to the business of manufacturing final products. Outdoor Catering Services: The Court noted that the assessee, required by the Factories Act, 1948, to provide canteen facilities, engaged an outdoor caterer. This service was deemed integrally connected with the business of manufacturing the final product. The Tribunal's decision to allow credit for service tax paid on outdoor catering services was justified, provided the manufacturer did not claim credit for the portion of service tax borne by the employee. Outward Freight Services: Regarding outward freight, the Karnataka High Court in CCE v. ABB Ltd. held that services availed for outward transportation of final products from the place of removal qualify as input services under Rule 2(l) of the CENVAT Credit Rules, 2004. The Court interpreted the definition of 'input service' to include transportation from the place of removal to the customer's location, emphasizing that transportation charges incurred for delivering the final product to the customer are part of the clearance process. Conclusion: The High Court of Madras concluded that the CENVAT credit was properly availed for both outdoor catering and outward freight services. The Tribunal's decisions were affirmed, and the appeal by the Revenue was dismissed. The Court directed the Excise Authorities to verify the reversed CENVAT credit proportionate to the cost of food borne by the employees. Order: 1. The issues were resolved in favor of the assessee and against the Revenue. 2. The appeal was dismissed, affirming the Tribunal's order. 3. No costs were awarded.
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