2025 (2) TMI 625 - AT - Service Tax

Revenue's appeal dismissed; Court affirms refund of cenvat credit for 100% Export Oriented Unit due to direct service nexus.

The Court dismissed the Revenue's appeal challenging the Commissioner's (A) power to remand the matter, as the issue was settled by higher forum ... Refund of cenvat credit based on the nexus between input services and output services - power of Commissioner (A) to remand the matter to the lower authority - HELD THAT:- On going through the finding given by the adjudicating authority as per Order-in-Original No.249/2009-ST dated 19.06.2009 wherein the entire activities and claim made by the assessee were subject to scrutiny and only thereafter, specific finding was given that these services including the ‘Technical Consultancy Service’ and ‘Manpower Recruitment and Supply Agency Services’ are having direct nexus with the output services and sanctioned refund of cenvat credit. Further, the assessee is a 100% Export Oriented Unit (EOU) and the inputs used for such services are having direct nexus with the output services. Fact being so, the assessee had made proper claim for cenvat credit and eligible to claim refund of Rs.82,13,666/- as sanctioned by original authority vide Order-in-Original No.249/2009-ST dated 19.06.2009. Conclusion - The assessee was eligible to claim the refund of cenvat credit as sanctioned by the original authority. Revenue dismissed. The issues presented and considered in the judgment are:1. Whether the Commissioner (A) had the power to remand the matter to the lower authority.2. Whether the assessee was eligible for a refund of cenvat credit based on the nexus between input services and output services.Issue 1: Power of Commissioner (A) to Remand the MatterThe Court considered the power of the Commissioner (A) to remand the matter to the lower authority. The Revenue challenged the Commissioner's power to remand the matter, but the Revenue's representative admitted that the issue was settled by higher forum judgments. As the Revenue did not press the issue, the Court dismissed the Revenue's appeal.Issue 2: Eligibility for Refund of Cenvat CreditThe Court analyzed whether the assessee, M/s. Mercedes Benz Research and Development India (P) Ltd., was eligible for a refund of cenvat credit based on the nexus between input services and output services. The assessee had submitted refund claims, which were partially allowed by the adjudicating authority. The Commissioner (A) modified the original order and directed a reexamination of the rejected eligible input services on the production of a Chartered Accountant certificate.The Court considered the submissions made by both parties. The assessee claimed that the services, including Technical Consultancy Service and Manpower Recruitment and Supply Agency Services, had a direct nexus with the output services. The Revenue objected to the claim, stating that the services were not directly used for the export of software.After reviewing the findings of the adjudicating authority and considering the activities and claims made by the assessee, the Court concluded that the services had a direct nexus with the output services. The Court noted that the assessee was a 100% Export Oriented Unit (EOU) and that the inputs used for the services had a direct nexus with the output services. Therefore, the Court held that the assessee was eligible to claim the refund of cenvat credit as sanctioned by the original authority.Significant Holdings:The Court dismissed the Revenue's appeal regarding the power of the Commissioner (A) to remand the matter. The Court allowed the assessee's appeal for the refund of cenvat credit, stating, 'appeal No.ST/322/2011 filed by the Revenue is dismissed and appeal No.ST/1459/2011 filed by the assessee is allowed with consequential relief, if any, in accordance with law.'In conclusion, the judgment addressed the issues of the Commissioner's power to remand the matter and the eligibility of the assessee for a refund of cenvat credit based on the nexus between input services and output services. The Court dismissed the Revenue's appeal and allowed the assessee's appeal for the refund.