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2021 (11) TMI 834 - AT - Service TaxNon-payment of service tax - Outdoor catering services - period prior to October 2013 - Section 73(1) of the Finance Act, 1994 - Notification No.14/2013-ST dated 22.10.2013 - HELD THAT - The issue decided in the case of M/S. SAI FOOD SERVICES VERSUS COMMISSIONER OF C.G. ST., NAVI MUMBAI 2020 (2) TMI 1394 - CESTAT MUMBAI where it was held that since the appellant had provided the services of serving food and maintaining the canteen located in the factory, belonging to M/s. Ceat Ltd., the benefit of service tax exemption. There are no merit in the impugned orders demanding tax, interest and imposing penalty - appeal allowed - decided in favor of appellant.
Issues Involved:
1. Classification of the service provided as "Outdoor Catering Service" versus "Service provided by a canteen." 2. Eligibility for exemption under Notification No. 14/2013-ST dated 22.10.2013. 3. Demand and recovery of service tax, interest, and penalties under various sections of the Finance Act, 1994. Issue-wise Detailed Analysis: 1. Classification of the Service Provided: The primary issue was whether the activity of supplying food and beverages to recipient factories/industrial establishments should be classified as "Outdoor Catering Service" or "Service provided by a canteen." The appellants argued that their services should be classified under the latter, making them eligible for exemption under Notification No. 14/2013-ST. The tribunal referenced previous decisions, including ICS Food Pvt. Ltd. and Sai Food Services, which clarified that the exemption applies to canteens maintained in factories, regardless of whether the canteen is maintained by the factory itself or an external caterer. The tribunal concluded that the appellants' services fell under the scope of "Service provided by a canteen." 2. Eligibility for Exemption under Notification No. 14/2013-ST: The appellants claimed exemption under Notification No. 14/2013-ST, which exempts services related to serving food or beverages by a canteen maintained in a factory. The tribunal noted that the notification does not specify that the canteen must be maintained by the factory itself. It was sufficient that the canteen was maintained within the factory premises. The tribunal cited the decision in ICS Food Pvt. Ltd., which was affirmed by the Supreme Court, to support the appellants' eligibility for the exemption. The tribunal found that the appellants were entitled to the exemption under Notification No. 14/2013-ST. 3. Demand and Recovery of Service Tax, Interest, and Penalties: The Commissioner had confirmed demands for service tax, interest, and penalties against the appellants. The tribunal examined the impugned orders and found that the appellants had correctly availed the exemption under Notification No. 14/2013-ST. Consequently, the demands for service tax and interest were not sustainable. The tribunal also found no grounds for imposing penalties under Sections 76 and 78 of the Finance Act, 1994, as there was no willful suppression of facts or intent to evade payment of service tax. The tribunal set aside the impugned orders, thereby allowing the appeals and nullifying the demands for tax, interest, and penalties. Conclusion: The tribunal allowed the appeals, setting aside the demands for service tax, interest, and penalties. The tribunal's decision was based on the interpretation of Notification No. 14/2013-ST and the classification of the service provided by the appellants as "Service provided by a canteen," making them eligible for the exemption. The tribunal relied on previous decisions, including those affirmed by the Supreme Court, to reach its conclusion.
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