2020 (1) TMI 1335 - AT - Service Tax

100% EOU - Refund of Service Tax paid - rejection on the ground that appellant failed to establish the nexus between exports and input services - HELD THAT - It is observed that in his order, ld Commissioner (Appeals) had primarily dealt about the nexus between output services and input services and even gone to the extent of analysing as to if in the absence of such input services, the quality and efficiency of the provision of service would be adversely impacted or not. This being the facts on record, it can be said that the Commissioner (Appeals) had gone beyond the scope of Circular and Rule 5 of CENVAT Credit Rules, 2004 as the primary intention of the legislature was to allow refund to exporters so was to avoid any cascading effect of taxes on export and to promote exports. Refund allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
Refund claim rejection based on nexus between exports and input services.

Analysis:
In this case, the appellant, a 100% Export Oriented Unit, challenged the Order-in-Appeal rejecting its refund claim due to the failure to establish a nexus between exports and input services. The appellant sought a refund of accumulated CENVAT credit for two quarters but faced partial disallowance. The Commissioner of GST & Central Excise held a portion of the credit inadmissible, particularly concerning design service and renting of immovable property.

During the appeals process, the appellant argued that Rule 5 of CENVAT Credit Rules, 2004 does not mandate proving a nexus between export service and input services. Reference was made to a D.O. letter clarifying that the new scheme for refund does not require the same level of correlation as previously. The appellant sought the Tribunal's intervention to allow the refund of refused inputs.

The Authorized Representative for the respondent department supported the order's rationale, emphasizing the conditional nature of the Circular regarding the nexus requirement. The Circular's applicability was linked to the admissibility of CENVAT credits as defined in the rules.

Upon review, the Tribunal observed that the Commissioner had delved into the nexus between output and input services, assessing the impact on service quality and efficiency without certain inputs. The Tribunal concluded that the Commissioner had exceeded the Circular and Rule 5's scope, emphasizing the legislative intent to facilitate refunds for exporters and prevent tax cascading to promote exports.

Consequently, the Tribunal allowed both appeals, modifying the Order-in-Appeal to grant a refund of &8377; 1,75,782 to the appellant. The respondent-department was directed to make the payment with applicable interest within two months from the order's receipt.