2016 (4) TMI 452 - AT - Service Tax

Rejection of refund claim - in terms of Notification No.41/2007-ST dated 6.10.2007, as amended by Notification no.42/2007-ST - Port services, GTA services and CHA services - Export of goods - Held that - by relying on the earlier decisions of High Court and Tribunal, these services are essentially covered under the Port Services and are eligible for refund under the said notification. Regarding documents required for considered refund in respect of GTA Services. The Tribunal also examined admissibility of debit note as a document for refund claim. It is found that as long as the documents issued by the service provider contain essential information to link up the tax payment to the export of the goods, the refund should be held eligible. As such, the debit note issued by the CHA, invoice issued by the GTA Service provider, should be considered as relevant document for claiming refund if they contain all the required particulars. Regarding service tax paid on cleaning and technical testing, it is found that the appellants have not fulfilled the required conditions as mentioned in the notification. The conditions stipulate the existence of written agreement and the accreditation of the service provider in respect of the cleaning services, and in respect of the technical testing, the requirements are written agreement and the invoice to contain the details of export goods. Also it is found that while agreement can be inferred in terms of the transaction also, the conditions of the service provider to be accredited cannot be considered as procedural. As the appellant are not having details of such accreditation, refund of service tax in respect of cleaning activities cannot be considered as eligible. Similarly for technical inspection service also supporting evidence for fulfillment of essential conditions have not been provided. Hence, the claim for refund cannot be considered. - Appeal disposed of

Summary

Issues:
- Rejection of refund claims under Notification No.41/2007-ST for various services.
- Eligibility of services categorized under "Port Services" for refund.
- Rejection of service tax paid on GTA, CHA, cleaning, courier, and technical inspection services.
- Interpretation of conditions for refund eligibility under the notification.

Analysis:
The judgment addressed the rejection of refund claims under Notification No.41/2007-ST for different services. The appellants, engaged in exporting goods, faced rejection of refund claims by the Original Authority and the Commissioner (Appeals). The issues revolved around services categorized as "Port Services," GTA services, CHA services, cleaning services, courier charges, and technical inspection services.

Regarding services classified under "Port Services," the Lower Authorities rejected the claim due to lack of evidence linking the services to specific exports. However, the Tribunal, relying on previous decisions, held that these services fall under "Port Services" and are eligible for refund if essential information links tax payment to goods export. Similarly, for GTA services, CHA services, and courier charges, the Tribunal emphasized that as long as documents contain necessary details connecting tax payment to exports, refund eligibility stands.

Concerning service tax paid on cleaning and technical testing, the appellants failed to meet the specified conditions. The conditions required a written agreement and accreditation of the service provider for cleaning services, and details of export goods on the invoice for technical testing. As the appellants lacked evidence of accreditation and supporting details, refund claims for cleaning and technical testing services were rejected.

In conclusion, the judgment found the appellants eligible for refunds in categories such as "Port Services," GTA services, CHA services, and courier charges, while denying refunds for cleaning and technical inspection services due to non-fulfillment of essential conditions. The Original Authority was directed to determine the eligible refund amount based on the observations made. The appeals were disposed of accordingly.