2017 (12) TMI 715 - AT - Service Tax

Refund of unutilized CENVAT credit - input services - exclusion of the words activities relating to business from 1.4.2011 - Held that - even after the amendment in the definition of input service, there is no requirement of correlation between the input and output services. Further, in all the decisions relied upon by the appellant cited supra, expenses incurred towards maintenance of building has been considered to be an input service as per Rule 2(l) of CENVAT Credit Rules because it is directly connected with the output service - expenses incurred towards maintenance of building has been considered to be an input service as per Rule 2(l) of CENVAT Credit Rules because it is directly connected with the output service. Further, the expenses towards maintenance of building forms part of the rent agreement and therefore, there is a nexus between the input service and the services exported - appeal allowed - decided in favor of appellant.

Summary

Issues:
Appeal against Commissioner (A)'s order allowing departmental appeal and modifying Order-in-Original regarding refund claims of unutilized CENVAT credit on maintenance of building services.

Analysis:
The appellant, a subsidiary of a global company, filed refund claims for CENVAT credit on input services related to data processing and IT services exported. The original adjudicating authority sanctioned refunds, but the Department appealed for rejection and recovery of refunds on maintenance of building services. The Commissioner (A) allowed the Department's appeal, leading to the appellant's appeal. The appellant argued that the impugned order was contrary to Central Excise Rules and ignored judicial precedents. They contended that building maintenance expenses qualify as eligible input services under Rule 2(l) of CENVAT Credit Rules, citing relevant decisions. They emphasized the nexus between input services and services exported, supported by Circular No.120/01/2010. The AR argued against refund eligibility due to lack of proof of direct use in exported services.

The Tribunal considered submissions and precedents, noting the amended definition of 'input service' from 1.4.2011. Despite the amendment, no correlation between input and output services was required. The Tribunal found building maintenance expenses as input services directly connected to output services, as seen in cited decisions. The expenses were part of the rent agreement, establishing a nexus with exported services. The impugned order was deemed unsustainable in law, and both appeals were allowed, setting aside the Commissioner (A)'s decision.

The Tribunal's detailed analysis focused on the legal interpretation of 'input service' under CENVAT Credit Rules, emphasizing the nexus between input services and exported services. The decision highlighted precedents supporting building maintenance expenses as eligible input services, despite the amended definition. The judgment clarified the requirement of nexus and lack of correlation between input and output services post-amendment. The decision provided a thorough legal analysis, ultimately ruling in favor of the appellant based on established legal principles and precedents.