2015 (11) TMI 1561 - AT - Service Tax

Computation of refund CENVAT credit - Rule 5 of CCR Rules onsite service turnover considered under export turnover and/or total turnover - Notification No. 5/2005-C.E. (N.T.), dated 14-3-2006 - onsite services provided through overseas branches of the appellant is export service or otherwise Held that - the services shall be treated as export if payment of such services is received by the service provider in convertible foreign exchange. Onsite services treated as export as payment received in convertible foreign exchange - as per Para 5 of Notification No. 5/2005-C.E. (N.T.), the value of onsite services shall be taken in both, i.e., export turnover as well as in total turnover and the ratio of the refund shall be computed accordingly. Rejection of refund - Club membership services Held that - the service is of CII and Business Association which is used for providing output services. Thus, the Cenvat credit in respect of such membership of business associations has been allowed. This has been held in the case Finolex Cables Ltd. v. Commr. of C. Ex, Pune-I 2015 (12) TMI 1487 - CESTAT MUMBAI matter remanded appeal disposed off.

Summary

Issues involved:
- Computation of refund under Rule 5 of CCR Rules
- Consideration of onsite service turnover in export turnover and/or total turnover

Analysis:
1. Computation of refund under Rule 5 of CCR Rules:
The appellant filed a refund claim under Rule 5 of Cenvat Credit Rules for accumulated Cenvat credit. The dispute arose regarding the inclusion of onsite service turnover provided through overseas branches in the export turnover and total turnover for computing the refund amount. The adjudicating authority added the onsite service value in the total turnover but not in the export turnover, leading to a substantial reduction in the refund amount. The Commissioner (Appeals) accepted the method of computation where onsite service value was not included in either turnover. The Revenue contended that onsite services should be part of the total turnover as they are integral to the business transaction, even though they argued against considering it as export turnover.

2. Consideration of onsite service turnover in export turnover and/or total turnover:
The respondent argued that onsite services provided through overseas branches constitute export services as per Export of Service Rules, 2005, as long as payment is received in convertible foreign exchange by the service provider in India. They maintained that including the value of onsite services in both export and total turnover would result in a higher refund amount. The Tribunal agreed that payment received in convertible foreign exchange qualifies the onsite services as export services, warranting inclusion in both turnovers for refund computation.

3. Club membership services and other services:
The Revenue contested the refund related to club membership services, arguing against its admissibility. However, the Tribunal referenced a previous judgment allowing Cenvat credit for such memberships, upholding the refund claim. The respondent did not contest the refund for other services deemed inadmissible by the Revenue, leading to those issues being resolved without further dispute.

In conclusion, the Tribunal remanded the matter to the original adjudicating authority to reconsider the refund based on the observations made regarding the inclusion of onsite service turnover in both export and total turnover for computing the refund amount. The appeals were disposed of by way of remand, with corresponding Cross-Objections also addressed accordingly.