2009 (5) TMI 939 - AT - Central Excise

Tribunal Remands Case on Cenvat Credit for Catering Services, Seeks Clarification

The Tribunal allowed the appeal by remanding the case to the adjudicating authority to determine if the Cenvat Credit of service tax paid on outdoor ... - Issues involved: Determination of whether Cenvat Credit of service tax paid on outdoor catering services is covered under input service.Summary:Issue 1: Cenvat Credit on service tax paid on outdoor catering servicesThe case involved two appeals, one by the Revenue and the other by the assessee M/s. Cummins Generator Technologies India Ltd. The appellants were engaged in the manufacture of AC Alternator and availed Cenvat Credit facility of duty paid on inputs and capital goods. The dispute arose regarding the demand and recovery of Cenvat Credit and Education Cess, penalty imposition, and interest recovery under the Cenvat Credit Rules, 2004. The Commissioner (Appeals) confirmed the order passed by the adjudicating authority. The learned Counsel for the appellants argued that outdoor catering services should be considered input services based on relevant legal provisions and precedents. The issue was whether Cenvat Credit of service tax paid on outdoor catering services is covered under input service.Decision:After considering the arguments and records, the Tribunal found that there was no information regarding the number of workers in the factory and whether the cost of supply of food in the factory-canteen formed a part of the assessable value of the excisable goods during the material period. The appeal was allowed by way of remand to the adjudicating authority to examine these aspects and pass an appropriate order within 60 days of the receipt of the order. The appeal filed by the Revenue and Cross Objection by the appellants were also disposed of accordingly.