2017 (9) TMI 1627 - AT - Customs

Refund of unutilized CENVAT credit - Rule 5 of CCR 2004 read with N/N. 27/2004-CE(NT) dated 18.06.2012 - Held that - at the time of availment of Cenvat credit, the same has not been disputed, therefore, the refund claim also cannot be denied now - refund allowed - appeal dismissed - decided against Revenue.

Summary

Issues:
Refund claim rejection based on invoices not in the name of the respondent and address not mentioned. Entitlement to Cenvat credit for services received. Interpretation of Rule 4A of Service Tax Rules, 1994. Dispute regarding availment of Cenvat credit at the time of filing refund claim. Precedent set by earlier Tribunal decisions.

Analysis:
The appeal before the Appellate Tribunal CESTAT ALLAHABAD involved a dispute over a refund claim filed by the respondent, a provider of output service, under Rule 5 of Cenvat Credit Rules, 2004. The refund claim was initially rejected by the adjudicating authority due to invoices not being in the name of the respondent and lacking the respondent's address. The learned Commissioner (Appeals) later allowed the refund claim, leading to the revenue's appeal.

The Revenue argued that since the invoices for which Cenvat credit was taken were not in the respondent's name but in the name of their Head office, the respondent was not entitled to avail Cenvat credit as per Rule 4A of Service Tax Rules, 1994. Conversely, the Respondent's Counsel contended that without a show cause notice disputing the availment of Cenvat credit, the refund claim could not be denied based on the invoices' details. The Counsel also cited a previous Tribunal decision in support of their argument.

After hearing both parties, the Tribunal found that the availment of Cenvat credit was not disputed at the time it was taken, so denying the refund claim based on the invoices' details was unwarranted. The Tribunal referenced a prior decision involving similar circumstances to support its conclusion. Consequently, the Tribunal upheld the Commissioner (Appeals)'s decision to allow the refund claim and dismissed the Revenue's appeal.

In conclusion, the Tribunal's judgment centered on the principle that if the availment of Cenvat credit was not contested at the time of claiming it, the refund claim could not be rejected later based on technicalities related to the invoices. The decision highlighted the importance of procedural fairness and consistency in applying tax rules, as evidenced by the reliance on past Tribunal decisions to support the ruling.