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2017 (2) TMI 97 - AT - Central Excise100% EOU - Refund claim - Rule 5 of CCR, 2004 - denial on the ground of lack of nexus - Held that - the impugned orders are not sustainable in law and the rejection of refund claims merely on the ground of nexus with the manufacture of the product is not legally tenable - impugned orders set aside and appeals allowed subject to verification by the adjudicating authority - appeal allowed by way of remand.
Issues: Refund under Rule 5 of CENVAT Credit Rules (CCR), 2004 rejected for various input services due to lack of nexus.
Analysis: 1. The appellants filed 11 appeals against the Commissioner (A)'s rejection of refund under Rule 5 of CCR, 2004 for various input services based on lack of nexus. The issues in all 11 appeals were almost identical, leading to a common order. 2. The appellant, a 100% EOU manufacturing pharmaceutical products, sought refund of accumulated unutilized CENVAT credit for export. The adjudicating authority rejected the refund for input services including Management, Maintenance & Repair Service, Manpower Recruitment or Supply Agency, Renting of Immovable property service, and others. The first appellate authority partially allowed the refund, prompting the appellants to file these appeals. 3. The appellant argued that the denial of refund based on lack of nexus was incorrect and contrary to previous Tribunal decisions. They asserted that all services fell within the definition of input service as per Rule 2(l) of CCR, 2004. The denial of refund for renting immovable property was also contested, emphasizing that the Mumbai premises were crucial for regulatory activities related to manufacturing. 4. The appellant provided detailed justifications for each denied input service, citing relevant case laws supporting the nexus. The Tribunal reviewed these arguments and case laws, concluding that the impugned orders lacked legal sustainability. The rejection of refund claims solely on the ground of nexus was deemed legally untenable. Consequently, the Tribunal set aside the impugned orders and allowed the appeals, subject to verification by the adjudicating authority. This judgment highlights the importance of establishing a nexus between input services and manufacturing activities for claiming refunds under CENVAT Credit Rules. The detailed analysis of each denied input service and the reliance on case laws demonstrate the legal reasoning behind the decision to overturn the Commissioner (A)'s orders.
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