Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

Comments

Print   |    |  Comment

PJ/Case Laws/2011-12/1155

Availability of Cenvat credit on Local Travel, Medical Insurance and Outdoor Catering services

Case:  Affinity Express India Pvt. Ltd. Vs Commissioner of C. Ex., Pune-I
 
Citation:  2011 (22) S.T.R. 177 (Tri. Mumbai)
 
Issue:- Cenvat credit on local travel, medical insurance and outdoor catering is allowed. The cenvat credit on meal coupons paid by employees is not available to employers.
 
Brief Facts:- Assessee was exporting services. They were utilizing the services of local travel, medical insurance, outdoor catering service and meal coupons. As the assessee were exporting services, the cenvat credit taken on said input services accumulated. Therefore, it filed a refund claim under Rule 5 of the Cenvat Credit Rules, 2004.
 
The Adjudicating Authority has allowed the refund claim. In Appeals, the Commissioner (Appeals) rejected the claim for local travel and medical insurance.
 
Assessee is in appeal against the rejection of refund for Local travel and medical insurance. Revenue is disputing the allowances of the refund of input credit service claimed for the outdoor canteen/meal coupons services.
 
Assessee’s Contention:- The assessee submitted that they have taken credit on business related services in terms of Rule 2(l) of Cenvat Credit Rules, 2004 and are eligible for input service credit. The assessee relied upon decision of Bombay High Court in case of Ultratech Cement [2010-TIOL-745-H.C.] and also relied on the decision of Stanzen Toyotetsu India Pvt. Ltd. Vs CCE.[2009 (14) S.T.R. 316 (Tri. Bang.)] and H.E.G. Ltd. Vs. CCE, Nagpur [2010 (17) S.T.R. 178 (Tri. Del)].
 
With regard to outdoor catering and meal service, assessee relied on judgment given in GTC Industries Ltd. [2008 (12) S.T.R. 468 (Tri. L.B.)] wherein it was held that the input service credit on outdoor catering service is available to assessee in case the cost of food has been borne by employer.
 
The assessee also submitted that the denial of refund claim to them is beyond the scope of the show cause notice. It was also submitted that they have taken due credit on input services and filed returns accordingly and the same has been accepted by the department without any dispute. The appellant further submitted that prior to 1.05.2006, they were providing the service to their foreign clients under the head of Business Auxiliary Service, hence they have correctly taken the credit and are entitled for refund claim under Rule 5 of Cenvat Credit Rules, 2004.  
 
Department’s Contention:- The department submitted that the services exported by the assessee have come under the service tax net with effect from 1.05.2006. In that event, any input service credit availed by them prior to 1.05.2006 is not eligible for credit.  The department also clarified that the services were not taxable which the assessee were exporting in the month of April 2006. Hence the credit of any input service accumulated in the month of April 2006, the assessee is not entitled to claim the refund of the same.
 
With regard to services of local travel and medical insurance claim the department relied on the decision of Vikram Ispat Vs. CCE [2010(19)S.T.R. 52 (Tri. Mum)]. With regard to outdoor catering service the department relied on the decision of the Bombay High Court in the case of Ultratech Cement. Finally the Department submitted that the input service credit refund by the assessee on the meal coupon service is not eligible as the same are not covered by the outdoor catering service.
 
Reasoning of Judgment:- The Tribunal found that the assessee had availed input service credit on the services availed in April, 2006. And in the impugned order, it has been clearly held that no export of service has taken place during April, 2006 hence the assessee is not entitled to take the credit of input service availed in April, 2006. It was held that as per CCR, 2004 an assessee was entitled to take credit on input service at the time of availment of service not at the time of providing the services. It was held that in view of these finding the order of Lower Authorities is totally irrelevant. Hence, the assessee is entitled to avail input service credit of services availed by them in the month of April 2006 also.
 
The Tribunal with regard to the input service credit on local travel and medical insurance, relied upon the decision of the High Court of Bombay in case ofUltratech Cement [2010-TIOL-745-H.C.] and held that it is squarely applicable wherein it has been held that any input service availed by the assessee in course of their business is entitled for input service credit. The Lower Authority has not raised any objection that these services are availed by the assessee in the course of their business. Hence the denial of input service on medical insurance and local travel is not sustainable
 
The Tribunal with regard to meal coupons, it was noted that it had been clarified that these meal coupons are given to the employees to take meal from factory canteen free of charge. As the cost of food against these meal coupons has been borne by the assessee, the Tribunal held that, the assessee is entitled to claim input service in view of judgment in case of Ultratech Cement [2010-TIOL-745-H.C.]
 
With regard to outdoor catering service, the Tribunal relied upon the High Court of Bombay in case of Ultratech Cement wherein it was held that the assessee is not entitled for input service credit for the charges recovered by them against the subsidized food from their employees. Accordingly, the credit availed by the assessee on the amount recovered by them from their employees against the canteen services is denied.
 
Decision:- Appeals of both assessee and department partly allowed. 

************

 
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com