2013 (8) TMI 212 - AT - Central Excise

Refund on accumulated CENVAT credit - nexus between the products exported and the input services. - Revenue filed appeal against allowing refund of accumulated CENVAT credit under Rule 5 of CCR, 2004 held that - Assessee would be entitled for the refund of CENVAT credit- Revenue appeal failed both on merits as well as on the ground of judicial discipline - the only ground taken by the Revenue for appealing is that this decision has not been accepted - the judicial discipline requires that the decision of the Tribunal in the case of CST vs. M/s. Convergys India Pvt. Ltd. (2009 (12) TMI 562 - CESTAT, NEW DELHI) required to be followed appeal decided against the revenue.

Summary

Issues: Appeal against decision allowing refund of accumulated CENVAT credit under Rule 5 of CCR, 2004.

Analysis:

Issue 1: Nexus between products exported and input services
The Revenue appealed against the decision of the Commissioner (A) allowing the refund, arguing that the Commissioner failed to consider the nexus between the products exported and the input services. The Revenue contended that the Commissioner relied on a Tribunal decision in a specific case and that this decision had not been accepted by the Revenue and was appealed against. The Tribunal noted that the refund was allowed for various services, and both lower authorities relied on the Tribunal's decision in a previous case to justify the refund. The Tribunal emphasized that the key consideration is whether the cost of goods and services becomes part of the final product or output service. While the Revenue challenged the acceptance of the previous decision, the Tribunal highlighted that there are multiple Tribunal decisions supporting the admissibility of CENVAT credit on input services, even when a direct nexus may not exist. The Tribunal stressed the importance of judicial discipline in following precedent decisions. Ultimately, the Tribunal found no merit in the Revenue's appeal on both substantive and judicial discipline grounds, leading to the dismissal of the appeal.

Conclusion
The Tribunal rejected the appeal, emphasizing the importance of following precedent decisions and upholding the admissibility of CENVAT credit on input services as defined in the law, despite any potential lack of direct nexus between the services and the final products or output services.