2016 (8) TMI 123 - AT - Central Excise

CESTAT Rules Outdoor Catering, Club, and Fitness Services Eligible for CENVAT Credit Under Rule 2(l) of 2004

CESTAT Mumbai allowed CENVAT credit claimed on Outdoor Catering, Club or Association, and Health and Fitness services post 1.4.2011, rejecting Revenue's ... CENVAT Credit availed on various input services - eligibility - Rule 2(l) of Cenvat Credit Rules, 2004 - nexus with manufacturing activity - input services related business activities undertaken by the appellants - the appellants have been taking a consistent stand that in their case Outdoor Catering services, Club or Association service, Health and Fitness Services are three services on which CENVAT Credit from 1.4.2011 is sought to be denied relying upon the said amendment to Rule 2(l) of the Cenvat Credit Rules, 2004, which is incorrect as these services are utilized for the business meetings held at various places including AGM. Held that:- It is not the case of the Revenue that these services used for personal consumption of employees. In the absence of any such dispelling, it is to be held that these services on which CENVAT Credit have been availed are not for personal consumption of the employee but it was billed for service provided for business meetings. In our considered view, the judgment of the Tribunal in the case of J.P. Morgan Services (I) Pvt. Ltd. Vs. Commissioner of Service Tax, Mumbai [2015 (11) TMI 101 - CESTAT MUMBAI], will cover the issue in favour of the appellant in respect of these three services for the period after 1.4.2011. Credit allowed - Decided in favor of assessee. Issues:- Eligibility of CENVAT Credit on various input services utilized by the appellant in manufacturing final products.- Interpretation of Rule 2(l) of Cenvat Credit Rules, 2004.- Application of amendments to the definition of input services post 1.4.2011.- Dispute regarding services excluded by the amendment to Rule 2(l).- Determination of whether certain services were used for personal consumption of employees.Analysis:1. Eligibility of CENVAT Credit: The appellant, a LTU engaged in manufacturing excisable goods, availed CENVAT Credit on various input services. Lower authorities raised concerns regarding the eligibility of these credits under Rule 2(l) of Cenvat Credit Rules, 2004. Show-cause notices were issued and adjudicated upon, leading to demands, interest, and penalties imposed. The appellant contested the issue on merit and limitation.2. Interpretation of Rule 2(l): The appellant argued that the services on which CENVAT Credit was availed were related to manufacturing final products, citing various judgments in support. The appellant included the service costs in the final product, justifying the credit. The Department highlighted changes in the definition of input services pre and post 1.4.2011, emphasizing services excluded for personal consumption.3. Application of Amendments: Post 1.4.2011, amendments excluded services like outdoor catering, health services, and club memberships for personal use. The appellant claimed denial of credit on these services was incorrect, as they were utilized for business meetings, not personal consumption. The Tribunal found in favor of the appellant, considering the nature of these services in business contexts.4. Excluded Services Dispute: The records showed that services like Club or Association, Health and Fitness Centre, and Outdoor Catering were used for business meetings and not personal consumption. The adjudicating authority failed to disprove the appellant's claims. Relying on precedents, the Tribunal concluded that these services were not for personal employee use, leading to the allowance of CENVAT Credit.5. Final Decision: The Tribunal set aside the impugned orders, allowing the appeals with consequential relief. The judgment favored the appellant's argument that the services in question were utilized in the business activities of manufacturing final products, making them eligible for CENVAT Credit. No findings were recorded on other submissions, and the impugned orders were deemed unsustainable and set aside.This comprehensive analysis of the judgment highlights the key issues, arguments presented by both sides, relevant legal interpretations, and the final decision reached by the Tribunal.