2019 (10) TMI 170 - AT - Service Tax

Refund of accumulated CENVAT credit - input invoices which are addressed to their unit, a premise which is not registered - refund denied only on the ground that the premises where the services have been used was not registered, but the registration was in the name of their head office - HELD THAT - Merely because the premises is not registered from where the services are rendered and service tax is paid, CENVAT Credit cannot be denied on the input services used for providing output services from the said premises. Refund allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
Entitlement to CENVAT Credit against unregistered premises for input services used in providing exported output services.

Analysis:
The appeal was filed against an Order-in-Appeal rejecting a refund claim of accumulated CENVAT Credit for input services used in providing taxable output services. The Appellants, engaged in exporting Information Technology Software Services, had their refund partially sanctioned and partially rejected by the Adjudicating authority. The rejection was based on the grounds that the input service invoices were addressed to an unregistered premise. The Appellants contended that although the premises were unregistered, tax liability was discharged from the registered office premises. They supported their claim with a rent agreement for the unregistered premises and cited precedents where credit in similar circumstances was deemed admissible.

The key issue before the Tribunal was whether the Appellants were entitled to CENVAT Credit for input invoices addressed to their unregistered unit. The learned Commissioner (Appeals) acknowledged the Appellants' compliance with Rule 6A of Service Tax Rules but denied the refund solely due to the unregistered nature of the premises where services were utilized, despite the registration being in the name of their head office. The Tribunal, after considering submissions from both sides and reviewing the records, held that the denial of CENVAT Credit based on the unregistered premises was without merit. The Tribunal cited established legal principles from previous judgments to support its decision, emphasizing that CENVAT Credit cannot be denied merely because services are rendered from an unregistered premise where service tax is paid. Consequently, the impugned order was set aside, and the appeal was allowed with any consequential relief as per the law.

In conclusion, the Tribunal's decision clarified that the registration status of the premises where services are rendered does not affect the eligibility for CENVAT Credit on input services used for providing output services. The judgment reaffirmed the principle that compliance with conditions for refund, despite the unregistered nature of the premise, entitles the Appellants to claim the accumulated CENVAT Credit.