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2015 (6) TMI 270 - AT - Service TaxDenial of refund claim - No unutilized CENVAT Credit - Export of software - STPI unit - Held that - Refund is to be granted on the basis of the cenvat credit available in the Cenvat Credit Account and not on the basis of the closing balance of Cenvat credit shown in ST-3 Return. - even after adjusting the amount of refund of ₹ 56,58,994/- towards the cenvat credit amount of ₹ 68,27,559/-summarily held to be inadmissible, no action has been initiated for recovering the remaining amount of ₹ 11,68,565/-as noted earlier. - total amount of ₹ 56,58,994/- (rupees fifty six lacs fifty eight thousand nine hundred ninety four only) is the amount of refund of untilised CENVAT Credit admissible to M/s Serco Global Services Private Limited for the quarters April 2008 to June 2008, October 2008 to December 2008 & January 2009 to March 2009. However, an amount of ₹ 68,27,559/- which has been wrongly added by them to their Cenvat credit account is ordered to be deducted so as to correctly reflect the CENVAT availed utilized and carried forward in subsequent returns. Adjudicating authority has come to a clear finding that for the quarters October 2008 to December 2008 and January 2009 to March 2009, ₹ 56,58,994/- is the amount of refund of unitilised Cenvat credit admissible to the appellant. As regard the refund for the quarter April 2008 to June 2008, in view of the fact that Cenvat credit account had balance and a revised ST-3 return was also submitted (although as stated earlier, mere mistake in ST-3 return does not disentitle the appellant for refund) the amount of refund is required to be recomputed in the light of the fact that credit taken before 16.5.2008 is to be disallowed and therefore, the question of refund of the same (i.e. of the credit taken prior to 16.5.2008) would not arise. - matter remanded back - Decided in favour of assessee.
Issues:
1. Admissibility of refund claims under Rule 5 of Cenvat Credit Rules, 2004. 2. Classification of services exported under different categories. 3. Correctness of Cenvat credit balance in ST-3 return. 4. Adjustment of refund against wrongly added Cenvat credit amount. 5. Quasi-judicial process for disallowing Cenvat credit. 6. Rejection of refund without proper show cause notice. 7. Rectifiability of errors in ST-3 return. 8. Refund calculation and disbursement process. Analysis: 1. The appeal challenged the rejection of 3 refund claims totaling to significant amounts for different quarters based on the classification of services under Cenvat Credit Rules, 2004. The appellant contended that its services fell under "Management, Maintenance or Repair" throughout the period in question. 2. The primary adjudicating authority classified the services exported differently, leading to the disallowance of Cenvat credit before a specific date. The issue of correct classification was crucial in determining the admissibility of the refund claims. 3. The correctness of the Cenvat credit balance in the ST-3 return was a point of contention. The appellant argued that the balance was available in their Cenvat Credit Account, even if not correctly reflected in the return, justifying the refund claim. 4. The dispute also involved the adjustment of the refund against an amount wrongly added to the Cenvat Credit Account, leading to non-disbursement of the refund amount. 5. The absence of a quasi-judicial process for disallowing the Cenvat credit raised concerns regarding procedural fairness and the necessity of a show cause notice before such actions. 6. The rejection of the refund without a proper show cause notice was highlighted by the appellant, emphasizing the need for due process in such matters. 7. The rectifiability of errors in the ST-3 return was crucial, with the appellant submitting a revised return to correct the Cenvat credit balance, which was allegedly ignored by the adjudicating authority. 8. The judgment directed the recalibration of the refund amount for specific quarters, emphasizing the need for accurate calculations and proper disbursement processes to ensure fairness and compliance with the Cenvat Credit Rules, 2004.
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