Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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