2016 (7) TMI 1207 - AT - Service Tax

Refund of un-utilized Cenvat Credit - 100% EOU - appellant is exporting entire taxable services in terms of Export of Service Rules 2005 - two different yardstick, one for permitting credit and the other for eligibility for granting rebate - Held that - the impugned order is not sustainable in law in view of the fact that all the services for which CENVAT credit of service tax has been denied are in fact input services and the appellant is entitled to get refund of CENVAT credit lying unutilised in the CENVAT credit account - Refund allowed - Decided in favor of assessee.

Summary

Issues:
Refund of unutilized CENVAT credit on input services.

Analysis:
The appeal was against the order-in-appeal passed by the Commissioner (Appeals) rejecting the appellant's refund claim of unutilized CENVAT credit on input services. The appellant, a 100% EOU, exported IT services and filed a refund claim for specific input services. The Commissioner allowed refund for certain services but disallowed it for others. The appellant challenged the denial of refund for services like air travel, architect, banking, business auxiliary, and more, citing their essential role in providing output services.

The appellant contended that the impugned order lacked justification and failed to establish why service tax on the disallowed services did not relate to the output services. The definition of input service under Rule 2(l) of CENVAT Credit Rules 2004 was highlighted, emphasizing the broad interpretation given by various courts. The appellant relied on judgments allowing credit for similar input services like air travel, architect, banking, and more. Additionally, Rule 5 of Cenvat Credit Rules 2004 was invoked to support the eligibility for refund when credit availed was not questioned.

After considering the arguments and cited judgments, the Tribunal found that all denied services were indeed input services essential for the appellant's business operations. Referring to the definition of input service and the Bombay High Court's observation, the Tribunal concluded that the impugned order was unsustainable in law. Consequently, the Tribunal set aside the Commissioner's order and allowed the appeal for refund of unutilized CENVAT credit on input services.

This detailed analysis of the judgment showcases the legal intricacies involved in determining the eligibility for refund of CENVAT credit on specific input services, emphasizing the importance of establishing the nexus between input and output services to claim such refunds.