2018 (2) TMI 717 - AT - Service Tax

Refund claim - Rule 6(3) of Cenvat Credit Rules, 2004 - inclusion of cost of medical examination/test reports received by the appellant from LIC - Held that - sub Rule (3) of Rule 6 of Cenvat Credit Rules, 2004 was not applicable in the present case - I deleted that part from the impugned Order-in-Appeal which relates to inclusion of cost of medical examination and test reports received by the appellant from LIC ordered to be included in the taxable value since, the same not subject matter of litigation in the present case - appeal allowed.

Summary

Issues:
1. Applicability of Rule 6(3) of Cenvat Credit Rules, 2004 in the case.
2. Inclusion of the cost of medical examination/test reports in the taxable value.
3. Validity of the Order-in-Appeal by the Commissioner (Appeals) regarding the above issues.

Analysis:

Issue 1: Applicability of Rule 6(3) of Cenvat Credit Rules, 2004
The appellant debited an amount in compliance with an audit report and subsequently requested a refund, which was rejected by the Original Authority. The Commissioner (Appeals) held that Rule 6(3) was not applicable in this case. The Tribunal upheld this finding, stating that the appellant, having accepted the audit objection and debited the amount, was not eligible for a refund. The appeal was allowed, directing the Original Authority to refund the amount and consider payment of interest.

Issue 2: Inclusion of the cost of medical examination/test reports in the taxable value
The Commissioner (Appeals) ordered the inclusion of the cost of medical examination/test reports in the taxable value, which was challenged by the appellant. Both the appellant and the Assistant Commissioner agreed that this matter was not the subject of the proceedings. The Tribunal concurred and deleted this part from the Order-in-Appeal, as it was beyond the scope of the case. The appellant's appeal was allowed, and the direction to include the medical examination costs in the taxable value was revoked.

Issue 3: Validity of the Order-in-Appeal
The Tribunal modified the Order-in-Appeal to exclude the inclusion of medical examination costs in the taxable value, as it was not part of the case proceedings. The direction for the refund of the debited amount was upheld, and the Original Authority was instructed to consider interest payment on the refund. The Tribunal's decision was based on the consideration of submissions from both sides and a review of the records.

This detailed analysis covers the issues raised in the judgment, addressing the applicability of Rule 6(3), the inclusion of medical examination costs in the taxable value, and the overall validity of the Order-in-Appeal by the Commissioner (Appeals).