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2016 (11) TMI 989 - CESTAT MUMBAI

2016 (11) TMI 989 - CESTAT MUMBAI - TMI - Cenvat Credit - Recovery of cost from employees - The appellants had claimed that the credit of outdoor catering services were availed by the appellant for making provision for food and beverages for employees of the appellant employed at its factory. This being requirement as per the provisions of the Factories Act, 1948. The appellant entered into a contract with outdoor caterer and a rent-a-cab service provider, however part of the cost was recovered .....

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epted it. No concession was granted by the Counsel in that case. I find t the appellants have not disclosed at any level to the Revenue that they are recovering the said cost from the employees, view of Hon'ble High Court decision, the appeal is dismissed. - APPEAL No.E/262/11 - Order No.A/86899/16/SMB - Dated:- 23-3-2016 - Mr. Raju, Member (Technical) Shri. Arun K Pote, Sr. Executive for appellant Shri. Ashutosh Nath, Asst, Comm. (AR) for respondent Mr. Raju, Member (Technical) Per: Raju 1. The .....

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rer and a rent-a-cab service provider, however part of the cost was recovered by the appellant from its employees. 2. Shri Arun K Pote, Sr. Executive of the appellant appeared and submitted written submission on behalf of the appellant. In the said written submission, it was argued that the entire disallowance of credit by the Revenue is based on the decision of the Hon'ble High Court of Bombay in the case of CCE Nagpur Vs. U/tratech Cement Ltd, - 2010 (260) ELT 369 (Bono). It was argued tha .....

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