2022 (3) TMI 1168 - AT - Service Tax

Refund of CENVAT Credit - input services - renting of immovable property for want of registration - Restaurant services - Accommodation services - General Insurance Auxiliary services - Photography services - Air Travel Agent services - Maintenance and Repair Service - Telecommunication service - denial of credit on the ground of nexus - period from October, 2014 to March, 2016 - HELD THAT - As can be seen from the order passed by the learned Commissioner (Appeals), arguments were led in that direction like Air Travel services and Hotel Accommodation services were taken for attending meetings/conferences/seminars with various clients of the company and for annual meetings etc. but as could be seen from the last para of point 6.4(b) of the order passed by the learned Commissioner (Appeals), he had distinctly observed that relevant documentary trail, and not invoices alone, can establish the purpose of use of the services if for personal or business. This being the facts on record, it would be just and proper to remand the matter to the Commissioner (Appeals) for such examination of additional proof concerning availment of input services by the Appellant except for Renting of Immovable property which is held in favour of the Appellant. The Appellant is entitled to get refund on CENVAT credit of ₹ 77,53,479/- 1,27,340/- ₹ 78,80,819/- on Renting of Immovable property with applicable interest and for ascertainment of its eligibility for availment of CENVAT credit concerning Restaurant services, Accommodation services, General Insurance Auxiliary services, Photography service and Air Travel Agent services matter is remanded back to the Commissioner (Appeals) for further examination of documents and Appellant is duty bound to produce the documentary proof before him upon notice - Appeal is allowed by way of remand.

Summary

Issues:
Denial of CENVAT credit on renting of immovable property for lack of registration and on other input services for absence of nexus.

Analysis:
1. The Appellant, engaged in exporting business support services, had CENVAT credit denied on various services for the period from October 2014 to March 2016. The denial of refunds by the Commissioner of Central Tax, Central Excise & Service Tax (Appeals) was challenged in these appeals.

2. The Appellant argued that CENVAT credit cannot be denied for unregistered premises if services were provided from that property, citing various legal precedents. The Appellant contended that the denial of credit was unjustified as the CENVAT Credit Rules, 2004 did not impose such conditions. The Appellant also highlighted cases where credits were allowed on premises registered subsequently.

3. While the Appellant conceded on some refund claims due to minimal amounts, it was contended that for other services like accommodation, photography, air travel, and insurance, the rejection was based on the absence of nexus between input and output services. The Appellant argued that post-amendment of Rule 5, no such requirement existed, making them eligible for refunds.

4. The Authorised Representative for the respondent-department supported the denial of refunds, citing the exclusion clause of the CENVAT Credit Rules, 2004. It was argued that the invoices failed to establish that the services were availed for business purposes, as per judicial decisions supporting the Commissioner's order.

5. The Tribunal examined the case record and found discrepancies in the denial of credit on renting of property. The invoices mentioned different addresses, but the Appellant clarified that they were raised in the company's old name. The Tribunal held that the invoices were in the name of the Appellant, contrary to the Commissioner's findings.

6. Regarding the denial of credit on unregistered premises, the Tribunal referred to established legal principles and previous decisions, indicating that such denial was not justified.

7. The Tribunal analyzed the denial of refunds on other services based on the exclusion clause. It emphasized that exclusions were conditional and required a link to the specific purpose of availment. The matter was remanded back to the Commissioner (Appeals) for further examination of documents to establish the business purpose of availing those services.

8. The appeals were allowed in part, setting aside the Commissioner's order and granting refund on CENVAT credit for renting of immovable property. The matter of eligibility for credit on other services was remanded back for further examination, with the Appellant required to produce necessary documentary proof within six months.