2014 (5) TMI 917 - AT - Service Tax

Appeal dismissed over service tax refund claim due to procedural errors & lack of nexus.

DELPHI AUTOMOTIVE SYSTEMS PVT LTD Versus Commissioner of Service Tax - BANGALORE-SERVICE TAX

DELPHI AUTOMOTIVE SYSTEMS PVT LTD Versus Commissioner of Service Tax - BANGALORE-SERVICE TAX - 2015 (37) S.T.R. 522 (Tri. - Bang.) Issues involved:Refund claim under Rule 5 of CENVAT Credit Rules 2004 for software development and IT services exported to group companies, disallowance of refund claim due to payment timing, nexus between input and output services, applicability of service tax on input services, admissibility of CENVAT credit for various services, statutory provisions for refund claims, time-barred refund claims under Section 11B of Central Excise Act 1944.Analysis:1. The appellant, engaged in software development and IT services for group companies, filed a refund claim under Rule 5 of CENVAT Credit Rules 2004 for services exported outside India. The claim was partially allowed by the original adjudicating authority, and on appeal, the Commissioner(Appeals) further allowed the refund for renting immovable property service. The appeal was filed against this decision.2. The disallowance of the refund claim was based on two grounds. Firstly, certain amounts claimed were paid after July 2008, leading to the argument that credits had not accumulated in July 2008. The appellant argued that this was a procedural mistake and the credit should be allowed. Secondly, the lower authorities disallowed credits for services like air travel, consulting engineer, and others, citing a lack of nexus between input and output services.3. Citing the case of CCE, Bangalore-III Vs. Stanzen Toyotetsu India (P) Ltd., the counsel argued that services not explicitly mentioned may still qualify as input services if used directly or indirectly in manufacturing final products or business activities. Specific decisions like CCE, Nagpur Vs. Ultratech Cement Ltd. were also referenced to support the admissibility of credit for certain services.4. The judgment upheld the disallowance of the refund claim for service tax paid after July 2008, stating that credits could not have been accumulated in July 2008 if not correctly maintained. The appellant's failure to follow correct procedures for availing CENVAT credit led to the rejection of the claim. The Tribunal clarified that the appellant could file a fresh refund claim, but it would be time-barred under Section 11B of the Central Excise Act 1944.5. Ultimately, the refund claim amounting to Rs.3,39,152/- for service tax paid after July 2008 was deemed inadmissible, while the balance amount was held as admissible. The decision of the lower authorities was upheld, and the appeal was decided accordingly.