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2019 (5) TMI 1293 - AT - Service TaxRefund of accumulated CENVAT Credit - Rule 5 of the Cenvat Credit Rules, 2004 - denial on account of nexus between input services and output services exported - HELD THAT - CBEC Circular No. 334/1/2012-TRU dated 16.03.2012 elaborately explains the changes made in the service tax the Government of India, Tax Research Unit. The impugned order to the extent it is contested is liable to be set aside and accordingly set aside - appeal is allowed
Issues:
Refund claim rejection by adjudicating authority upheld by Commissioner of GST and CE (Appeals-II). Analysis: The appeal was filed against the rejection of the appellant's refund claim by the Commissioner of GST and CE (Appeals-II). The appellant, engaged in providing design and graphics services, exports most of its services outside India, leading to an accumulation of Cenvat credit. The appellant filed a refund claim under Rule 5 of the Cenvat Credit Rules, 2004, for a specific amount. The adjudicating authority partially allowed the refund claim but rejected a portion based on previous refund orders and ineligible input services. The Commissioner (Appeals) allowed a part of the refund claim but upheld the rejection of certain amounts. The appellant argued that there was no requirement to establish a nexus between input services and output services exported, citing relevant government notifications and tribunal decisions. The Legal Member noted that a similar issue had been decided in the appellant's favor by the Tribunal previously. Referring to a CBEC Circular, it was highlighted that a simplified scheme for refunds had been introduced, eliminating the need for a direct correlation between exports and input services. The Legal Member found that the appellant's case aligned with the Circular and previous tribunal decisions, while the Revenue failed to provide any contrary orders or decisions to support their stance. Consequently, the impugned order was set aside, and the appeal was allowed with consequential relief, if any, as per law.
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