2014 (6) TMI 795 - AT - Service Tax

Denial of refund claim - Exemption of CHA and Port Services by virtue of Notification No. 41/2007-ST - Commissioner (Appeals) allowed refund claim - Held that - refund under Notification No. 41/2007-ST cannot be denied by reviewing the correctness of the Service Tax payment at the end of service providers - Following decision of Commissioner of Central Excise, Indore Vs. Anant Commodities Pvt. Ltd. & others reported in 2009 (10) TMI 229 - CESTAT, NEW DELHI it is concluded that the Commissioner (Appeals) has rightly allowed the refund claim in full having considered the Board s circular dated 21.12.2009 - decided against Revenue.

Summary

Issues:
1. Appeal against Order-in-Appeal No. SR/95/NGP/2010 dated 18.3.2010 passed by the Commissioner of Central Excise (Appeals), Nagpur.

Analysis:
The appellant, a respondent manufacturing spun yarn/ polyester yarn, exported a substantial part of its output incurring CHA and Port charges. The respondent filed a refund claim due to the exemption of CHA and Port Services by Notification No. 41/2007-ST. An amount of Rs. 37,400.35 was sanctioned out of the total claim of Rs. 66,255/-, with the balance claim being deemed inadmissible for various charges not covered under the definition of services provided for export under the said notification. The Commissioner (Appeals) considered Circular No. 119/13/2009- Service Tax, clarifying the exclusion of certain charges from taxable value of CHA services if conditions are met. It was noted that CHA had paid Service Tax, issued statutory invoices, and recovered Service Tax, making the refund claim admissible. The Commissioner (Appeals) allowed the appeal with consequential relief based on the Board's circular and the services provided by CHA.

The Revenue, represented by the learned Supdt. (AR), reiterated the findings in the Order-in-Original. Despite no appearance by the respondent, a written submission was filed citing the CESTAT ruling in the case of Commissioner of Central Excise, Indore Vs. Anant Commodities Pvt. Ltd. & others, stating that refund under Notification No. 41/2007-ST cannot be denied by reviewing the correctness of Service Tax payment by service providers. After considering the submissions of both parties, it was concluded that the Commissioner (Appeals) correctly allowed the refund claim in full, adhering to the Board's circular. Consequently, the appeal filed by the Revenue was rejected, finding no infirmity or impropriety in the impugned order.

This judgment highlights the importance of adhering to circulars and notifications in determining the admissibility of refund claims related to specific services under the Central Excise Tariff Act, 1985. The decision underscores the significance of meeting prescribed conditions and definitions to qualify for exemptions and refunds, emphasizing the need for clarity and compliance with regulatory guidelines in such matters.