2015 (3) TMI 1150 - AT - Service Tax

Eligibility of refund claim - Notification No.5/2006-CE(NT) read with Rule 5 of CENVAT Credit Rules 2004 - Rejected on the ground that credit taken without having registration and no nexus between the input services and output services in respect of several services - Held that - issue of credit taken without registration is covered by the decision of Hon ble High Court of Karnataka in the case of mPortal India Wireless Solutions Pvt. Ltd. Vs. CST Bangalore 2011 (9) TMI 450 - KARNATAKA HIGH COURT therefore the claim cannot be rejected. As regards nexus appellant has submitted a statement showing each service name of the output service and justification and on going through the statement it is considered that appellant has made out a case as regards nexus. Therefore the appellant is eligible for refund claim. - Decided in favour of appellant with consequential relief

Summary

Issues:
1. Rejection of refund claim under Notification No.5/2006-CE(NT) and Rule 5 of CENVAT Credit Rules 2004 due to lack of registration and absence of nexus between input and output services.

Analysis:
1. The appellant's refund claim was rejected on two grounds. Firstly, it was contended that the credit was availed without having a registration. Secondly, it was argued that there was no nexus between input services and output services.

2. Regarding the first issue of registration, the appellant cited a decision by the Hon'ble High Court of Karnataka in a similar case, asserting that the claim rejection on this ground was not valid. The tribunal agreed with this submission, thereby dismissing the rejection based on lack of registration.

3. On the second issue of nexus between input and output services, the appellant provided a detailed statement for each service, output service, and justification for claiming CENVAT credit. The statement highlighted the essential nature of various services like management consultancy, manpower recruitment, rent-a-cab, outdoor catering, security agency, business support, IT software services, property renting, maintenance services, pandal services, telecommunication, and housekeeping in relation to the export of IT software services.

4. The tribunal examined the provided justifications and found that the appellant had sufficiently demonstrated the nexus between the input services and the output service of IT software services. The services were deemed essential for the smooth functioning and provision of the export services, thereby validating the claim for CENVAT credit.

5. Consequently, the tribunal allowed the appeal, acknowledging the appellant's eligibility for the refund claim. The decision was pronounced in open court, granting the appellant consequential relief as applicable.