2015 (10) TMI 2460 - AT - Service Tax

Rejection of Refund Claim on input services Classification of Services - Business Auxiliary Service or Business Support Service? Services rendered in respect of legal requirements relating to the business and provide market data relating to the industry. - Appellant referred to CBEC Circular No. 59/8/2003 and stated that if provisions of Section 65A are followed services rendered by appellant would fall under category of Business Auxiliary Services Revenue contended that agreement does not clarify services rendered by Appellant and services rendered are mostly in respect of legal requirements relating to business and provide market data relating to industry thus rightly classified as Business Support Service. Held That - As per CBEC Circular No. 59/8/2003 services rendered by appellant would fall under Business Auxiliary Service - Services would be covered under Section 65A (2) (c) which indicates that if a services cannot be classified in any of the manner specified in clause (a) or clause (b) it shall be classified under the sub-clause which occurs first among the sub-clauses which equally merits consideration, which in this case is the Business Auxiliary Services. Decision made in case of of mPortal (India) Wireless Solutions Pvt. Ltd. vs. Commissioner of Service Tax, Bangalore 2011 (9) TMI 450 - KARNATAKA HIGH COURT followed Decided in favour of assessee.

Summary

Issues:
Refund claim eligibility under Business Support Services, Business Auxiliary Services classification, Applicability of CBEC Circular, Interpretation of Section 65A of Finance Act, 1994, Precedent of High Court of Karnataka on CENVAT credit refund.

Refund Claim Eligibility under Business Support Services:
The appellant filed refund claims for CENVAT credit on input services used for export, later revised to &8377; 23,59,331, claiming services to eBay International, Switzerland. Authorities rejected claim, classifying services under Business Support Services, ineligible for refund as not taxable. Appellant appealed, arguing services under Business Auxiliary Services. Appellate authority upheld rejection, citing services as Business Support Services.

Business Auxiliary Services Classification:
Appellant argued services to eBay International fall under Business Auxiliary Services based on agreement terms. Authorities contended services as Business Support Services, involving legal requirements and market data provision, not marketing activities. Appellate authority found services under both categories, indicating support for Business Auxiliary Services activities.

Applicability of CBEC Circular:
Appellant referenced CBEC Circular No. 59/8/2003, highlighting services like customer evaluation, order processing, and customer management as Business Auxiliary Services. Circular's clarification deemed activities as Business Auxiliary Services, applicable to the dispute period pre-01/05/2006. Appellate authority should have considered the Circular binding.

Interpretation of Section 65A of Finance Act, 1994:
Appellant argued services classified under Section 65A(2)(c) as Business Auxiliary Services. Section indicates classification under the first applicable sub-clause, supporting Business Auxiliary Services classification. Counsel's contention found valid, emphasizing the correct classification under Business Auxiliary Services.

Precedent of High Court of Karnataka on CENVAT Credit Refund:
Counsel referenced a High Court judgment allowing CENVAT credit refund for non-taxable services, applicable to the appellant's case. The judgment emphasized STPI registration's relevance for credit eligibility, similar to the appellant's situation. The judgment supported the refund of accumulated CENVAT credit, irrespective of the service's taxable status.

In conclusion, the Tribunal found the rejection of the refund claim unsustainable due to misclassification under Business Support Services instead of Business Auxiliary Services. The appellant's services aligned with Business Auxiliary Services activities, as clarified by the CBEC Circular and supported by legal interpretations and precedents. The impugned order was set aside, allowing the appeal with any consequential relief.