2016 (5) TMI 683 - HC - Service Tax

Refund claim - 100% EOU unit - Event management service, Real estate agent service, Tour operator service and Travel agents service - Refund claim was allowed for the services where nexus was found and not allowed for services where nexus was not found by the appellate authority - Held that - the Tribunal did not examine the question of nexus vis- -vis the particular service for which the refund claim was disallowed, but gave a summary finding for the refund available on all the above input services but has not categorically mentioned nor the question of nexus is examined by the Tribunal. It is true that the Tribunal found that liberal interpretation was to be made with regard to input services when one has to examine the nexus with the output services. But in our view, such could not be said to be sufficient to conclusively allow the revision claimed, unless the nature of service is examined and the nexus is found with the output services. It was required for the Tribunal to examine each of the services namely, event management service, real estate agent service, tour operator service and travel agents service for which the claim of refund was made and the Tribunal was to find out as to whether it has nexus with the output services, which was being rendered by the respondent or not. As there is no discussion whatsoever on the said aspects, we find that the order of the Tribunal can be said to be without consideration of the relevant aspects germane to the exercise of the power and hence, the order cannot be sustained in the eye of law. Therefore, the impugned order passed by the Tribunal is set aside with a direction that the appeal shall stand restored to the file of the Tribunal and the Tribunal shall examine the appeal afresh in light of the observations made by this court in the present judgment and after hearing both sides, the Tribunal shall pa ss an appropriate order as early as possible. - Decided partly in favour of revenue

Summary

Issues involved:
Appeal against order for refund of unutilized CENVAT credit; Tribunal's decision on refund claim disallowed for specific services; Lack of examination of nexus between input services and output services by Tribunal.

Analysis:

1. Refund Claim Disallowed by Tribunal:
The case involves an appeal against an order by the Customs, Excise & Service Tax Appellate Tribunal (the Tribunal) regarding the refund claim of unutilized CENVAT credit. The respondent, a registered unit providing consulting engineering services, filed for a refund. The Adjudicating Authority initially rejected the refund claim, which was partially allowed by the Commissioner of Central Excise (Appeals). However, the Tribunal further allowed the appeal regarding the disallowed refund claim for specific services such as event management, real estate agent, tour operator, and travel agents services. The Tribunal directed the Adjudicating Authority to verify documents and records for the refund. The High Court noted that the Tribunal did not examine the nexus between the input services and output services for the specific services in question, which was a crucial aspect for determining the eligibility for refund.

2. Lack of Nexus Examination by Tribunal:
The High Court observed that the Tribunal's decision lacked a detailed examination of the nexus between the input services and the output services provided by the respondent. While the Tribunal made a general finding of eligibility for refund on all the input services, it did not specifically analyze the nexus for each service for which the refund claim was disallowed. The Court emphasized that a thorough examination of the nature of each service, such as event management, real estate agent, tour operator, and travel agents services, was necessary to establish the nexus with the output services. The Court held that without a detailed consideration of these aspects, the Tribunal's order could not be legally sustained.

3. Setting Aside Tribunal's Order:
In light of the above observations, the High Court set aside the Tribunal's order and directed that the appeal be restored to the Tribunal for a fresh examination. The Tribunal was instructed to reconsider the appeal, taking into account the Court's observations and ensuring a thorough analysis of the nexus between input and output services. The Court specified a timeline of six months for the Tribunal to pass an appropriate order after rehearing both sides. The appeal was partly allowed on these grounds, and no costs were awarded based on the circumstances of the case.