2017 (2) TMI 152 - AT - Service Tax

Refund claim - CENVAT credit on exported services - denial on account of lack of nexus - Held that - the clarification issued by the CBE&C vide Circular dated 19.1.2010 states that if availment of credit of the Service Tax has not been challenged, the nexus between input services and the export services cannot be challenged - refund allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
Refund of CENVAT Credit availed on exported services, nexus between input services and export services, challenge of credit availment, interpretation of Circular dated 19.1.2010.

Analysis:
The case involved four appeals filed by M/s 3D PLM SOFTWARE Solutions Ltd. concerning the refund of CENVAT Credit on exported services. The appellants had claimed a refund under Rule 5 of the Cenvat Credit Rules, 2004, but part of the refund was rejected by the lower authorities due to an alleged lack of nexus between the input services and the export services. The main argument raised was whether authorities can deny credit of Service Tax during proceedings involving a claim of rebate. The appellant contended that since no show-cause notice was issued and the credit was availed for eligible services, it cannot be denied. Reference was made to a Circular issued by CBE&C which clarified the issue and various judicial decisions supporting the availability of credit for input services.

The Tribunal, after considering the submissions, referred to the Circular dated 19.1.2010, specifically para 3.1.1, which emphasized the importance of the nexus between input services and export goods/services for refund purposes. It highlighted that if the availment of credit of Service Tax is not challenged, the nexus between input services and export services cannot be questioned. Therefore, based on this interpretation and the Circular, the Tribunal set aside the impugned order and allowed the appeals with consequential relief, if any. The judgment was pronounced in court on 30.01.2017.