2015 (7) TMI 671 - AT - Service Tax

Data processing services - Refund claim - Refund of accumulated CENVAT Credit - amount shown in the ST-3 return does not tally with the claim of refund - Held that - Services are pertains to the business of export service hence, these services qualifies as input services as per Rule 2(l) of the Cenvat Credit Rules, 2004 as held by the Hon ble High Court of Bombay in the case of Ultratech Cement (2010 (10) TMI 13 - BOMBAY HIGH COURT). Therefore, I hold that the appellant is entitled for refund claim for the month of May, 2009 and from July, 2009 to September, 2009. With regard to the denial of refund claim for variance of figures of the amount claimed as refund and ST-3 return, I find that these figures are to be examined by the adjudicating authority. Therefore, the matter is remanded back to the adjudicating authority to ascertain the fact of payment of Service Tax as per challans produced by the appellant and thereafter to ascertain the amount of actual Service Tax paid and the actual amount of refund claimed by the appellant. Therefore, the impugned order is set aside - Decided in favour of assessee.

Summary

Issues:
Refund claims rejection for March 2009 due to discrepancies in ST-3 return and denial of refund for services not qualifying under Rule 2(l) of Cenvat Credit Rules, 2004.

Analysis:
The appellant, engaged in data processing services, filed refund claims for unutilized Cenvat credit, rejected for March 2009 due to discrepancies in ST-3 return and for subsequent months based on service qualification under Rule 2(l). The appellant argued that the figures in the ST-3 return were entered erroneously, supported by challans and Cenvat credit account details. The rejection was deemed unsustainable, and the order was set aside for March 2009. Additionally, services like Event Management, Club House, repairs, and maintenance were contested to be essential for back-office operations, citing a Bombay High Court ruling supporting input service credit eligibility.

Regarding services like Event Management and Club House, the Revenue argued a lack of nexus with the appellant's business activities. The appellant justified these services as essential for business operations, such as holding meetings with foreign delegates and employee training. The Tribunal found these services to qualify as "input services" under Rule 2(l), aligning with the Ultratech Cement case precedent. Consequently, refund claims for May 2009 and July to September 2009 were allowed, with the cross-objections by the Revenue also addressed.

For the discrepancy in refund figures and ST-3 return, a remand was ordered for the adjudicating authority to verify actual Service Tax payments based on challans provided by the appellant. The order was set aside, and the appeal allowed for further examination within 30 days. Appeals ST/391 and 392/11 were allowed, while ST/390/11 was remanded for detailed assessment.

This comprehensive analysis addresses the issues of refund claim rejections, service qualification under Cenvat Credit Rules, and the need for accurate verification of payment details, ensuring a fair and thorough review of the appellant's claims.