2017 (9) TMI 712 - AT - Service Tax

Refund claim - duty paying documents - debit notes - whether valid documents or not for claiming refund? - Held that - refund of Cenvat credit of ₹ 28,93,933/- was proposed to be denied on the ground that the same was based on the debit notes and that the said debit notes did not appear to be valid document for taking Cenvat credit under the Cenvat Credit Rules, 2004 - refund claim for the period from quarter October to December, 2010 wherein Original Authority through Order-in-Original dated 09/02/2012 for the period from quarter October to December, 2010 has held that the said debit notes were issued for valid input services and documents were also proper documents for taking credit and subsequent refund - Appeal allowed - decided partly in favor of appellant.

Summary

Issues:
Refund claim denial for credit on Outdoor Catering Service, denial of refund based on debit notes, denial of refund for Service Tax on Telephone Bills raised in individuals' names.

Analysis:
The appeal was against Order-in-Appeal No.150/ST/APPL/NOIDA/12/519 dated 28/05/2012 by the Commissioner of Custom & Central Excise (Appeals), Noida. The appellant filed a refund claim under Rule 5 of Cenvat Credit Rules, 2004 for the quarter January to March, 2010. The refund application faced scrutiny leading to a Show Cause Notice proposing denial of refunds for various claims. The issues in dispute included denial of refund for credit on Outdoor Catering Service, denial based on debit notes, and denial of refund for Service Tax on Telephone Bills raised in individuals' names. The Original Authority sanctioned refunds for other claims but not for these three specific claims. The appellant appealed to the Commissioner (Appeals) who upheld the denial of refunds. The appellant then approached the Tribunal challenging this decision.

The appellant argued that similar objections raised for a subsequent refund application were resolved by providing clarifications and declarations, resulting in refunds being allowed. The appellant cited CBEC Circular No.120/01/2010-ST dated 19/01/2010 to support their claims. The Tribunal heard arguments from both sides. After considering the contentions and reviewing the facts, the Tribunal found that the denial of refund based on debit notes was not justified. The Tribunal noted that the debit notes were valid for taking credit under the Cenvat Credit Rules, 2004, and allowed the appeal for the refund related to debit notes. Additionally, the Tribunal found that Service Tax paid on Outdoor Catering Service was admissible as Cenvat credit based on the CBEC circular. Therefore, the Tribunal allowed the appeal for the refund related to Outdoor Catering Service. However, the Tribunal did not allow the appeal for the refund related to Telephone Bills raised in individuals' names, keeping this issue open for further consideration. The Tribunal granted the appellant partial relief and entitled them to consequential relief.

In conclusion, the Tribunal allowed the appeal in part, granting refunds for credit on Outdoor Catering Service and based on debit notes but not for Service Tax on Telephone Bills raised in individuals' names, leaving that issue open for future review.