2018 (4) TMI 1167 - AT - Service Tax

100% EOU - Refund claim - port services - N/N. 41 / 2007-ST - refund is being denied on the ground that the taxable services that are not covered under the registration certificate of provider, are not eligible for such refund - Held that - CBEC vide its Circular No. 112/06/2009-ST dated 12.03.2009 has clarified that Granting refund to exporters, on taxable services, that he receives and uses for export, do not require verification of registration certificate of the supplier of service. Therefore, refund should be granted in such cases, if otherwise in order. The procedural violations by the service provider need to be dealt with separately, independent of the process of refund - refund allowed - appeal dismissed - decided against Revenue.

Summary

Issues:
- Whether the respondent assessee, a 100% EOU engaged in the manufacture and export of Handicrafts, is entitled to a refund of service tax paid on Port Services under Notification No.41/2007-ST.

Analysis:
1. The Revenue contended that invoices issued by shipping lines cannot be considered as invoices issued by the port or its authorized agent as required by the relevant sections of the Finance Act, 1994. They argued that the shipping lines are not authorized by the port to provide port services and these services are not exempted under Notification No.41/2007-ST.

2. The respondent-assessee's counsel argued that the Commissioner (Appeals) had already determined that the refund under Notification No.41/2007-ST could only be denied if the conditions of the notification were not met. They emphasized that the relevant documents did not indicate any failure to fulfill the conditions of the notification.

3. The counsel further referred to a CBEC circular stating that refunds for taxable services used for export do not require verification of the service provider's registration certificate. They cited a previous ruling by the Tribunal that all services, including port services, rendered within port limits are covered under the definition of port services.

4. After considering the arguments, the Tribunal found that the issue was clarified by the CBEC circular and was consistent with the Tribunal's previous ruling. Consequently, the appeal by Revenue was dismissed, and the respondent-assessee was deemed entitled to any consequential benefits in accordance with the law.