2015 (12) TMI 1010 - AT - Service Tax

Refund claim - Information Technology Software Service(ITSS), Business Auxiliary Service(BAS) and Business Support Services(BSS) - nexus between the input and output services - Held that - The bar imposed for availing credit would clearly show that the treatment of the service received as output service is only for the purpose of payment of service tax by the receiver and no other purpose. In view of the above, I find that the submissions by the appellants relating to calculation of turnover for the purpose of calculating admissible refund are correct. - As regards nexus in respect of different services, the learned counsel relied upon several decisions to submit that appellant is eligible. Since the matter has to be remanded in any case to the original authority, the Tribunal need not deal with the same but to leave it to the original authority - impugned orders are set aside and the matters are remanded to the original adjudicating authority - Decided in favour of assessee.

Summary

Issues:
1. Rejection of refund claims by Revenue due to lack of nexus between input and output services.
2. Calculation of total turnover for refund eligibility.
3. Nexus between different services for refund eligibility.

Analysis:
1. The Appellant, a 100% EOU registered under STPI scheme, filed refund claims for ITSS, BAS, and BSS services exported to two entities. Revenue rejected a portion of the claims citing lack of nexus between input and output services. The Appellant argued that the inclusion of service consideration for calculating total turnover is incorrect as it does not represent turnover. The Tribunal agreed, citing legal fictions created for tax collection purposes and Rule 5 of the Taxation of Services Rules, 2006. The Tribunal set aside the rejection based on this issue.

2. The Appellant contended that their total turnover should be considered equal to export turnover as they had no domestic turnover. The Tribunal agreed, emphasizing that service received cannot be equated to turnover but is deemed as output service for tax payment purposes. The Appellant's argument was supported by legal provisions and a Board's letter. The Tribunal directed the original authority to recalculate the refund based on the Appellant's turnover submissions.

3. The Appellant argued for eligibility based on nexus between different services, supported by legal precedents. The Tribunal acknowledged the relevance of this argument but decided to remand the matter to the original authority for further determination. The Tribunal directed the original authority to consider the nexus between input and output services based on the submissions made by the Appellant and referenced legal decisions and an Interim Order.

In conclusion, the Tribunal set aside the Revenue's rejection of refund claims, instructed recalculating the turnover for refund eligibility, and remanded the matter to determine the nexus between input and output services. The decision was based on legal interpretations regarding turnover calculation and nexus between services, emphasizing the need for correct application of tax laws and precedents in such cases.