2018 (9) TMI 1117 - AT - Central Excise

CENVAT credit - input services - Outdoor Catering Services - whether the Outdoor Catering Services is eligible for credit after the amendment to the definition of input services with effect from 01.04.2011? Held that - The last Clause of definition of Input Service excludes those services provided in relation to Outdoor Catering, etc., when such services are used primarily for personal use or consumption of any employee - also, Larger Bench of the Tribunal, in the case of M/s. Wipro Ltd. 2018 (4) TMI 149 - CESTAT BANGALORE , has considered the very same issue and held that credit is not eligible after 01.04.2011. Appeal dismissed - decided against appellant.

Summary

Issues:
1. Eligibility of credit on Outdoor Catering Services post-amendment to the definition of 'input services' effective from 01.04.2011.

Detailed Analysis:

Issue 1:
The case involved a dispute regarding the eligibility of credit on Outdoor Catering Services post-amendment to the definition of 'input services' with effect from 01.04.2011. The appellants, engaged in the manufacture of various beverages, availed Cenvat Credit on Outdoor Catering Services for specific periods. The authorities disallowed the credit, stating it was for personal consumption of employees. The appellant argued that the services were received inside the factory for providing food to employees and should be eligible for credit. The appellant relied on legal precedents, including a High Court judgment, to support their claim that such services should be considered eligible for credit as they were mandatory under the Factories Act for providing canteen facilities to employees.

The appellant's counsel contended that the authorities had not properly appreciated the law contained in the exclusion clause and failed to consider the provisions of law. The counsel referenced a High Court decision regarding credit eligibility for services related to mandatory compliance and argued that the credit availed on Outdoor Catering Services should be allowed. Additionally, the counsel referred to another High Court decision where the Larger Bench did not specifically analyze the concept of 'personal consumption' in the context of input services.

On the other hand, the respondent supported the findings of the impugned order, stating that the issue of credit eligibility for Outdoor Catering Services post-amendment had been settled by a decision of the Larger Bench. The respondent argued that the Larger Bench had clearly analyzed that such services, primarily for personal consumption, were not eligible for credit.

After hearing both sides, the Tribunal considered the issue of whether Outdoor Catering Services were eligible for credit post-amendment to the definition of 'input services.' The Tribunal referred to the definition of 'input service' post-April 2011, which excluded services related to outdoor catering when used primarily for personal consumption by employees. Citing the decision of the Larger Bench in a previous case, the Tribunal held that credit for Outdoor Catering Services was not eligible after the specified amendment date. The Tribunal, following judicial discipline, upheld the decision of the Larger Bench and dismissed the appeals, stating that the impugned orders did not warrant interference.

In conclusion, the Tribunal ruled that the credit on Outdoor Catering Services was not eligible post-amendment to the definition of 'input services,' as per the decision of the Larger Bench, and dismissed the appeals accordingly.