2023 (4) TMI 712 - AT - Service Tax

Refund of accumulated CENVAT Credit - out of pocket expenses incurred by Chartered Accountant which were included in the charges charged by the Chartered Accountant (C. A.) on which Service Tax was paid - cleaning activity services of the office premises - works contract services - telecommunication services - packing activity services - denied on the ground like invoice address not matching with the registered premises etc. - real estate agencies services - consultancy engineering services - short term accommodation services availed by the officials for providing output services - club and association services - IT services - denial on the ground of having no nexus with the output services. Objections raised where the invoice address does not match with the registered premises - HELD THAT - There are large number of decision of this Tribunal where it has been held that so long as it is not established that services are not utilized, CENVAT Credit cannot be denied. Real estate agencies services - consultancy engineering services - short term accommodation services availed by the officials for providing output services - club and association services - IT services - HELD THAT - The finding of the appellate authority that there is no nexus with output services is not sustainable. Double credit of Rs. 1,353/- - HELD THAT - The contentions of Revenue that there has been a double credit of Rs. 1,353/- is accepted, the refund of Rs. 1,353/- is disallowed and it is ordered for refund of unutilized CENVAT Credit of the balance amount involved in this appeal, except for Rs. 1,353/-. Appeal disposed off.

Summary

Issues:
Refund of accumulated CENVAT Credit under notification No. 27/2012-CE (NT) dated 18.06.2012 - Denial of refund on various input services - Double credit taken for work contract services - Nexus of input services with output services - Address mismatch in invoices - Eligibility for CENVAT Credit on specific services.

Analysis:
The appellant, providing Business Support Services exported outside India with Centralized Service Tax registration, sought refund of accumulated CENVAT Credit under notification No. 27/2012-CE (NT). Three separate refund claims were submitted, leading to separate Orders-in-Original. The Commissioner (Appeals) partially allowed the refund claims but rejected amounts totaling Rs. 5,67,849/-, Rs. 4,61,460/-, and Rs. 7,07,147, prompting the appellant to appeal before the Tribunal.

The appellant argued that Service Tax paid on various activities, including out-of-pocket expenses by Chartered Accountants, cleaning services, works contract services, telecommunication services, packing services, real estate agencies services, consultancy engineering services, short-term accommodation services, club and association services, and IT services, were denied as CENVAT Credit. The appellant contended that certain services were essential for providing output services and challenged the rejection based on reasons like invoice address mismatch and lack of nexus with output services.

The Authorized Representative supported the findings of the Commissioner (Appeals) and highlighted a double credit of Rs. 1,353 taken for work contract services. After reviewing the case records and submissions, the Tribunal held that the objections regarding invoice address mismatch did not justify denying CENVAT Credit unless it was proven that services were not utilized. The Tribunal disagreed with the appellate authority's findings on the lack of nexus with output services for certain services. It upheld the Revenue's contention regarding the double credit of Rs. 1,353 and disallowed the refund for that amount, ordering the refund of unutilized CENVAT Credit for the remaining balance, except for Rs. 1,353.

In conclusion, the Tribunal disposed of all three appeals based on the arguments presented and the findings related to the eligibility of CENVAT Credit on specific services, the nexus of input services with output services, and the double credit issue for work contract services.