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2018 (6) TMI 1252 - HC - Central ExciseMaintainability of appeal - refund of unutilized CENVAT Credit - tribunal remanded back the matter to examine the facts - appellant-Revenue submits that the present appeal may be dismissed as this case is covered by the decision of this Court in COMMISSIONER OF SERVICE TAX & ANOTHER VS- MISYS SOFTWARE SOLUTIONS (INDIA) PVT. LTD., & OTHERS 2018 (6) TMI 1202 - KARNATAKA HIGH COURT , where Division Bench of this Court in the case of Principal Commissioner of S.T., Bangalore V/s. Broadcom India Research Pvt. Ltd., 2016 (6) TMI 877 - KARNATAKA HIGH COURT , has held that in these circumstances, no substantial question of law arises for consideration by this Court and therefore the appeal filed by the Revenue was dismissed - Held that - The present appeal of the appellant-Revenue is dismissed in the same terms.
Issues:
1. Appeal for refund of unutilized CENVAT Credit. 2. Nexus between output service and input service. 3. Dismissal of appeal based on previous court decisions. Issue 1: Appeal for refund of unutilized CENVAT Credit The judgment pertains to an appeal filed by the Revenue against the order of the Customs, Excise & Service Tax Appellate Tribunal [CESTAT], South Zone Bench, Bengaluru. The Tribunal had remanded the case back to the Adjudicating Authority to consider the claim of refund of unutilized CENVAT Credit. The appellant, engaged in the business of software solutions, sought a refund based on the nexus between the output service and input service provided. The Tribunal's decision for further investigation was upheld by the High Court based on the previous judgment in a similar case. Issue 2: Nexus between output service and input service The crux of the matter revolved around establishing a nexus between the input service and the output services provided by the appellant. The Tribunal had remanded the case for a detailed examination to ascertain this nexus. The High Court, in line with the decision in a previous case, emphasized the importance of investigating and re-examining the facts to determine the connection between the input and output services. The court upheld the Tribunal's decision, highlighting the need for a thorough assessment in such cases to ensure a valid claim for refund of unutilized CENVAT Credit. Issue 3: Dismissal of appeal based on previous court decisions The High Court dismissed the present appeal of the appellant-Revenue after considering the arguments presented by both parties. The appellant's counsel urged for dismissal, citing a previous decision of the Court in a similar matter where it was held that no substantial question of law arose for consideration. The Court, in agreement with the earlier judgment, found no substantial question of law in the remand order of the Tribunal. Consequently, the appeal was deemed liable for dismissal based on the precedents set by previous court decisions, emphasizing the consistency in such matters. This comprehensive analysis of the judgment highlights the key issues addressed by the High Court in the context of the appeal for refund of unutilized CENVAT Credit, the nexus between output and input services, and the dismissal of the appeal based on previous court decisions.
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