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TMI Blog2017 (3) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... led with the STPI as the Gurgaon unit is not registered with Software Technology Park. Therefore, only on this ground the refund is wrongly rejected. As far as lack of nexus with regard to the input service viz., parking and cafeteria rent; building maintenance and housekeeping; book keeping; financial services; internet and telephone services, all these services are necessary for running of the business and are held to be input services - these input services fall in the definition of input service and the appellants are entitled to refund of the same. Appeal remanded with a direction to the original authority to consider all the documents which may be produced by the appellant in proof of export of service from their Gurgaon unit - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... formation technology software service and BAS. The appellants have filed various refund claims as stated in the table below under Rule 5 of CCR read with Rule 5 of 2006. Appeal No. Period Amount (Rs.) ST/20271/2015 April - June 2008 77,581 ST/20272/2015 July September 2008 2,489 ST/20273/2015 October December 2008 2,840 ST/20274/2015 January March 2009 29,365 ST/20275/2015 April June 2009 1,896 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing authority had rejected the claim. Hence, the present appeals. 3. Heard both the parties and perused the records. 4. Learned counsel for the appellant submitted that the impugned orders passed by the learned Commissioner (A) are not sustainable in law as the same have been passed contrary to the settled legal position as well as contrary to the statutory provision and the decisions rendered by the higher judicial fora. He further submitted that under Rule 4 of the Service Tax Rule, 1994, an option is provided to the assessee to take registration at only one premises even if the taxable service are provided from more than one premises provided the centralized billing or accounting system is followed. He further submitted that the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provider of the output service or an office related to such factory or premises . It means, the maintenance and repair service have specifically been included in the input service definition and similarly with respect to other input services for which the refund has been rejected have been held to be input services by various decisions of the Tribunal and the High Court as the said services are related to the business of the company and are directly utilized by the company for efficiently providing the taxable output services. In support of his submissions, he relied upon the following decisions: (i) Nuance Transcription Services India Pvt. Ltd. vs. CST: 2015 (39) STR 241 (Tri.-Bang.) (ii) Megma Design Automation India Pvt. Lt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... galore unit is registered as a software technology park of India. The BAS provided from Gurgaon unit is not disclosed in the monthly SOFTEX filed with the STPI as the Gurgaon unit is not registered with Software Technology Park. Therefore, only on this ground the refund is wrongly rejected. Further, as far as lack of nexus with regard to the input service viz., parking and cafeteria rent; building maintenance and housekeeping; book keeping; financial services; internet and telephone services, all these services are necessary for running of the business and are held to be input services in the decisions cited supra. Therefore, I hold that these input services fall in the definition of input service and the appellants are entitled to refund o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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