2016 (7) TMI 725 - AT - Service Tax

Refund of accumulated cenvat credit - Rule 5 of CENVAT Credit Rules, 2004 - eligible input services - nexus with the output service. - export of services - Held that - The rent rate for premises rented as well as the charges to be paid for common area maintenance are contained in the same agreement and on taking the premises on rent, the appellant has to pay charges for common area maintenance also. - The appellant has received manpower recruitment services and training services for providing output services. Both these services find place in the inclusive part of the definition of input service and therefore denial of refund is not legal and proper. - Credit allowed. Club membership services - It is true that club membership services fall in the exclusion part of the definition of input service. Therefore I hold that appellant is not eligible for refund of credit/service tax paid on these services. - Visa charges was explained by the learned counsel for appellant to be service tax paid on services consumed for visa interview of employees to go abroad. The services were availed from M/s. OSI Consulting Services. - these services are not eligible for refund Decided partly in favor of assessee.

Summary

Issues involved:
Refund claim under Rule 5 of CENVAT Credit Rules, 2004 (CCR, 2004) for various input services; Denial of refund for certain services due to lack of nexus with output service; Eligibility for refund of service tax paid on different input services.

Analysis:

1. Common Maintenance Area Services and Renting of Immovable Property:
The appellant filed a refund claim for common maintenance area services and renting of immovable property. The original authority denied the refund citing a lack of nexus with the output service. The consultant argued that common area maintenance charges were part of the rent agreement and essential for conducting business. The Tribunal found merit in the appellant's argument, stating that payment for common area maintenance was integral to renting the premises for providing output services. Therefore, the disallowance of credit/refund was deemed unjustified, and the appellant was held eligible for a refund of service tax paid towards common area maintenance charges.

2. Manpower Recruitment Services and Training Services:
The appellant also claimed a refund for manpower recruitment services and training services used for providing output services. The Tribunal noted that both these services fell under the definition of 'input service' and were essential for the business. The invoices were found to be in order, and the Tribunal ruled in favor of the appellant, declaring them eligible for a refund of service tax paid for these services.

3. Club Membership Services:
Regarding club membership services, the consultant argued that these expenses were necessary for employee welfare and efficiency. However, the opposing party contended that such services were for personal employee consumption and fell under the exclusion part of the 'input service' definition. The Tribunal agreed with the opposition, stating that club membership services were excluded from the definition, and thus, the appellant was not eligible for a refund of service tax paid on these services.

4. Visa Charges:
The appellant sought a refund for visa charges related to services consumed for employee visa interviews. The Tribunal found insufficient evidence to support the claim, noting the lack of proof that the services were not for personal employee consumption or that the amount was not recovered from the employee. Consequently, the Tribunal ruled that the refund of credit for visa charge services was not admissible.

In conclusion, the Tribunal held that the appellant was eligible for a refund concerning common area maintenance charges, manpower recruitment services, and training program services. However, the refund claim for other services was disallowed. The appeals were partly allowed based on the above terms, with any consequential reliefs granted accordingly.