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Issues: Whether Cenvat credit was admissible on service tax paid for medical services provided for the welfare of employees, and whether the expenditure had been included in the value of output services so as to satisfy the input service test.
Analysis: The dispute turned on whether the employee welfare medical services qualified as input service by being an activity relating to business. Reliance was placed on prior decisions recognising that services undertaken to discharge a legal or statutory obligation, and services having nexus with business activity, fall within the scope of input service. The Appellant also produced a Chartered Accountant's certificate showing that the medical expenditure had been included in the value of the output services, removing the sole factual objection recorded in the lower order.
Conclusion: Cenvat credit on the medical services was admissible and the issue is answered in favour of the Assessee.