2022 (5) TMI 907 - AT - Service Tax

Refund claim of unutilized CENVAT Credit - Input services or not - partial refund also denied on the ground of nexus between the services received and the services exported - HELD THAT - From the orders of the lower authorities it is found that there are no objection was taken when the said input services were consumed but only when it came to the granting of refund did the Revenue raise the objection that the services did not qualify as input service and that there was no nexus between the services received and services exported. This defeats the very purpose of the CENVAT scheme. The rejection of the refund claims is not sustainable - Appeal allowed.

Summary

Issues:
Rejection of refund claim of unutilized CENVAT Credit under Rule 5 of the CENVAT Credit Rules, 2004 for various periods.

Analysis:
The judgment dealt with the rejection of refund claims of unutilized CENVAT Credit under Rule 5 of the CENVAT Credit Rules, 2004 for different periods. Show Cause Notices were issued proposing to reject the refund claims, leading to Orders-in-Original partially allowing and partially rejecting the claims. The rejection was based on the grounds that the claimed services did not qualify as 'input service' under Rule 2(l) of the CENVAT Credit Rules. The rejection was also made due to the lack of nexus between the services received and the services exported. The First Appellate Authority confirmed the rejection in Orders-in-Appeal, leading to the filing of appeals before the Appellate Tribunal.

The appellant contended that the issue was settled by previous orders of different Benches of the CESTAT, citing specific cases. The Tribunal considered the submissions and previous rulings, including a case involving Real Estate Agency Service and Works Contract Service. It was noted that the authorities had taken a narrow interpretation of the Input Service definition. The Tribunal held that denial of refund was not sustainable in law based on the cited case laws and the definition of Input Service under the CENVAT Credit Rules, 2004.

The Tribunal highlighted that the objection to the input services only arose during the refund claim process, not when the services were consumed. This approach was deemed to defeat the purpose of the CENVAT scheme. The Tribunal, in the absence of contrary orders or judgments, concluded that the rejection of the refund claims was not sustainable. As a result, the impugned orders were set aside, and the appeals were allowed with any consequential benefits as per the law. The judgment was pronounced in open court on a specific date.