2015 (8) TMI 351 - AT - Service Tax

Denial of refund claim - Input services - service providers had raised the invoices on the appellant before the service tax registration was granted to the appellant - Held that - Decision in the case of Commissioner of Service Tax, Mumbai- II vs. J.P Morgan Services India Private Limited 2015 (2) TMI 467 - CESTAT MUMBAI followed - impugned order is unsustainable - Decided in favour of assessee.

Summary

Issues:
Refund claims for service tax paid before service tax registration was granted.

Analysis:
The appeals revolve around refund claims for service tax paid by the appellants to service providers before being granted service tax registration. The appellants, as exporters of services, sought refunds based on Cenvat Credit rules. The lower authorities allowed the refund for tax paid after the service tax registration was granted, leading to the dispute regarding the eligibility for claiming refunds on services received before registration. The central issue is the non-eligibility for claiming refunds on services received pre-registration.

The Tribunal highlighted a previous case involving a similar issue where the High Court ruled in favor of the appellant. The judgment emphasized that registration is deemed granted within seven days of application as per Rule 4 of the Service Tax Rule. The court cited the Karnataka High Court's decision that there is no restriction on availing Cenvat credit before registration is granted. The absence of a statutory provision mandating registration as a condition for claiming Cenvat credit led to the rejection of the claim for refund being deemed legally incorrect.

Based on the legal precedents and the specific circumstances of the case, the Tribunal found the impugned order unsustainable and set it aside. The appeal was allowed, granting consequential relief to the appellants. The decision was made in line with established judicial pronouncements and the interpretation of relevant laws and rules.