2014 (10) TMI 164 - AT - Service Tax

Tribunal Upholds Refund for Export Services, Rejects CENVAT Credit

CST., Delhi Versus M/s. ESSEM High Tech Pvt. Ltd.

CST., Delhi Versus M/s. ESSEM High Tech Pvt. Ltd. - TMI Issues:1. Whether the appellant's activities amount to export of services or fall under Business Auxiliary Services.2. Whether the refund claim for service tax paid in cash and through CENVAT credit is admissible.3. Whether the part of the refund claim is barred by limitation.Analysis:1. The appellant provided marketing services to a foreign principal and initially paid service tax treating it as Business Auxiliary Services. Later, they claimed it as export of services. The original authority rejected the refund, but the Commissioner (Appeals) allowed a partial refund. The Tribunal cited precedents supporting export of services, dismissing Revenue's appeal against the refund.2. The Commissioner (Appeals) allowed a refund for cash payments but rejected the CENVAT credit refund partly due to limitation. The Tribunal upheld the limitation citing Section 11B of the Central Excise Act, stating the CENVAT credit payment was beyond the due date. The decision on limitation was final, and the matter was remanded for calculating the amount outside the limitation period.3. The Tribunal emphasized the applicability of Section 11B for service tax matters, rejecting the argument that the refund should be treated as a mere deposit exempt from limitation. The Tribunal remanded the case for a fresh decision on the amount outside the limitation period, considering the observations made. The appeal was disposed of accordingly, respecting the High Court's decision and not delving into all decisions cited by the respondent.