2018 (11) TMI 420 - AT - Service Tax

Refund of Service tax paid - denial of refund on the ground of time bar - Held that - It is brought out that the refund claim has been filed within one year from the date of payment of service tax as provided under section 11B of the Central Excise Act, 1944. When the appellant have complied the time limit prescribed under section 11B and there is provision for extension of time in the notification, the authorities below ought not to have rejected the refund claim stating that the appellants have not furnished sufficient reasons for condonation of delay - refund allowed - appeal allowed - decided in favor of appellant.

Summary

Issues Involved:
1. Rejection of refund claim under Notification No.9/2009 for misclassification of services.
2. Rejection of refund claim as time-barred under Notification No.9/2009.

Analysis:

Issue 1: Rejection of refund claim for misclassification of services
In Appeal No. ST/40277/2014, the appellant's refund claim was rejected due to misclassification of services by the service provider in the invoices. The appellant argued that the services were used for authorized SEZ operations and should be classified as Business Auxiliary Service/Business Support Service, which were approved services. The agreement between the parties clarified the nature of services provided by the service provider as property management, including operation, maintenance, and marketing of properties. The misclassification of services as Real Estate Agent Service in some invoices did not invalidate the refund claim. The tribunal held that the appellant was eligible for the refund as the misclassification was not a valid ground for rejection.

Issue 2: Rejection of refund claim as time-barred
In Appeal No. ST/40278/2014, the appellant's refund claim was rejected as time-barred under Notification No.9/2009, which required filing within six months of service tax payment. The appellant contended that the claim was filed within one year, complying with Section 11B of the Central Excise Act, 1944, which allows for an extension of time by the authorities. The tribunal noted that while the notification specified a six-month time limit, it also allowed for time extension without fixing a specific period. Considering the appellant's compliance with Section 11B and the provision for time extension, the rejection of the refund claim on the grounds of time-bar was deemed unjustified. The tribunal allowed the appeal and granted the refund, setting aside the impugned order.

In conclusion, the tribunal ruled in favor of the appellant in both appeals, allowing the refund claims that were initially rejected. The judgment emphasized the importance of proper classification of services and adherence to prescribed time limits for filing refund claims under the relevant notification.