2010 (10) TMI 428 - AT - Service Tax

Refund - Rule 5 of Cenvat Credit Rules, 2004 - whether the services in respect of which the appellant has paid service tax qualified as input services for providing output services of the appellants which were exported during the material period - The credit is admissible subject to verification of the factual submissions - The appeals are disposed of by way of remand to the original authority

Issues Involved:
1. Admissibility of refund of accumulated Cenvat credit under Rule 5 of Cenvat Credit Rules, 2004.
2. Qualification of various services as input services for providing output services.

Issue-wise Detailed Analysis:

1. Admissibility of Refund of Accumulated Cenvat Credit:
The appellants, M/s. Heartland Information & Consultancy Services Pvt. Ltd., Bangalore, are aggrieved by the rejection of their claims for refund of accumulated Cenvat credit under Rule 5 of Cenvat Credit Rules, 2004. The Commissioner found that the impugned services did not qualify as input services for providing the appellants' output services.

2. Qualification of Various Services as Input Services:

(i) Courier Service (Inland):
The Show Cause Notice does not specify the nature of this service, but it is claimed that the services were used in relation to the provision of output services. According to Rule 2(l) of the Cenvat Credit Rules, 2004, input services include any service used by a provider of taxable service for providing an output service. The claim is that the service involved is an activity relating to the business of the assessee. This aspect is remanded for a fresh decision in light of the judgment of the Hon'ble High Court of Bombay in the case of Coca Cola India Pvt. Ltd.

(ii) Housekeeping Services (Cleaning Activity):
It is submitted that these services are required to keep the office premises clean and hygienic, essential for conducting the main business of providing medical transcription services. The authorities should determine if the activity qualifies as an input service.

(iii) Management, Maintenance, and Repairs Services:
The appellants pay service tax for maintaining equipment like fire extinguishers, air conditioners, UPS, generators, etc. These are necessary for conducting the business of medical transcription. This aspect is remanded to examine if these activities qualify as input services as explained by the Hon'ble High Court in the Coca Cola India Pvt. Ltd. case.

(iv) Professional Services:
These services include Chartered Accountant and Company Secretary services, assisting in statutory compliance. The definition of input service includes activities such as audit and accounting. The original authority should examine if these services satisfy the definition of activities relating to business.

(v) Rent-a-Cab Services:
The appellants arrange transportation for employees working 24 hours a day. The service tax paid for hiring vehicles for transporting employees is claimed as an essential input service. This aspect requires verification of the submitted facts.

(vi) Technical Inspection and Certification Services:
The appellant claims that obtaining ISO certification is essential for maintaining customer satisfaction and promoting business. If the service tax paid for such activities is for establishing credentials and qualifications, it qualifies as an input service. This aspect is remanded for examination by the original authority.

(vii) Clearance Charges:
The appellant, being an STPI unit, claims services for complying with statutory requirements. However, the actual service rendered by the clearing and forwarding agents in relation to medical transcription is unclear. This aspect is open for reassessment by the original authority.

(viii) Outdoor Catering Services:
The appellants provide food to employees round the clock, essential for business operations. Previous Tribunal decisions and a CBEC Circular support the claim that outdoor catering services are input services. Credit is admissible subject to factual verification.

(ix) General Insurance Services:
The appellant incurs service tax on premiums for insuring equipment and premises. This aspect is remanded to consider admissibility in light of the Coca Cola India Pvt. Ltd. judgment, examining if the activity is integrally related to the business.

(x) Air Travel Agent's Services:
Service tax paid for travel by executives and employees for marketing and training is claimed as input service. Credit may be allowed if the travels promote sales or train personnel. This aspect is remanded for verification.

(xi) Advertising Agency Services:
The appellants use advertising services to promote their services. Advertising is specifically covered in the definition of input service and is eligible for credit.

Conclusion:
The appeals are disposed of by remanding the case to the original authority for a decision in light of the observations made, after hearing the assessee. The original authority should re-examine the qualification of various services as input services and their entitlement to Cenvat credit.

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