2015 (2) TMI 467 - AT - Central Excise

Refund of the input service tax credit on export of goods - Notification No. 5/2006-CE(NT) dt. 14.3.2006 - whether the input service tax credit which gets accumulated is refundable under NotificationNo. 5/2006 - Held that - From the amendment of notification issue under rule 5 of the CENVAT Credit Rules, 2004, is apparent that the scope of the admissibility of input services used in providing export services has been broadened to include of input services used for providing output services. On going through the list of 21 services, we find no reason to come to any sort of conclusion that these input services are not used in providing the services exported by the respondent. Further, on referring to the definition of input services we also find that input services used in relation to business are covered in the definition. Even, all input services used for modernization, renovation or repair to the office premises are also covered. We note that Revenue s appeal raises a doubt whether the services have actually been used for providing taxable output services. We find no finding of this point in the adjudication order or in the appellate order. This is totally a new ground. There being no doubt expressed whatsoever either in the show cause notice or in the adjudication order, we do not find this point of appeal as relevant at this stage. Non Registration - Held that - Respondents have rightly relied on Rule 4 of the Service Tax Rule under which registration is deemed to be granted within seven days of the application for registration. - In the absence of a statutory provision which prescribes that registration is mandatory and that if such a registration is not made the assessee is not entitled to the benefit of refund, the three authorities committed a serious error in rejecting the claim for refund on the ground which is not existence in law. - Decided against Revenue.

Summary

Issues:
1. Admissibility of input service tax credit under Notification No. 5/2006.
2. Eligibility of input services used in providing output services.
3. Refund claims rejected on grounds of services not used in providing output services and credit availed before registration.
4. Late registration and admissibility of Cenvat credit before registration.

Analysis:
1. The case involved the admissibility of input service tax credit under Notification No. 5/2006 for a company providing various services. The respondent applied for a refund of input service tax credit, which was partially rejected by the adjudicating authority. The Commissioner (Appeals) accepted the contention that input services were used for providing output services, and the credit availed before registration was admissible. Revenue appealed against this decision on grounds of services not essential for providing output services and credit availed before registration.

2. The Tribunal examined the list of 21 services in question and the definition of input services. The scope of admissibility of input services used in providing export services was broadened by an amendment, allowing services used for providing output services to be considered as input services. The Tribunal found that all 21 services were used in providing the exported services. It was held that any service which is an input for another input service falls under the definition of input service. The Tribunal cited previous judgments supporting the permissibility of input service credit.

3. On the issue of late registration, the Tribunal referred to Rule 4 of the Service Tax Rules, which deems registration to be granted within seven days of the application. The Tribunal found no substantial reason to deny the refund based on late registration. Citing a judgment of the Karnataka High Court, it was established that there is no restriction on availing Cenvat credit before registration is granted. The Tribunal upheld the impugned order, except for the refund of credit on supply of food and beverages service to the extent that payment was made by the employees.

4. In conclusion, the appeals were dismissed, and the impugned order was upheld, with the directive to sanction the refund to the respondent within two months. The Tribunal disposed of stay applications and appeals accordingly, along with the cross objection.

This detailed analysis covers the issues of admissibility of input service tax credit, eligibility of input services, late registration, and the final decision of the Tribunal.