CESTAT
affirms taxation of catering services provided by assessee, a registered
cooperative society, from the premises of L&T to its employees u/s
65(105)(zzt) of Finance Act; Notes that L&T has statutory obligation under
Factories Act to provide culinary service and in this regard, established a
cooperative society comprising of employees as also company itself for
operating the canteen, and consideration for meal was paid in tandem by
consumer and employer; Whether food articles were provided free of cost or at
subsidized rates or at market prices, was a matter of labour-employer
negotiations and it was clear that without the concurrence of L&T, assessee
could neither engage in activity of running canteen nor decide rates of food
articles or composition of individuals to be served; Holding assessee as
‘service provider’, CESTAT found that it operates from campus of L&T,
thereby satisfying all requirements of taxability u/s 65(105)(zzt); Relies on
coordinate bench ruling in Alfa Laval (India) Ltd Employees Co-operative
Consumers Society case while rejecting assessee’s claim of mutuality, opines
that society and its membership was not germane to contract between L&T and
assessee for engaging latter as caterer : Mumbai CESTAT
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