2015 (5) TMI 774

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....drasekharan: The appeal is directed against Order-in-Appeal No.PUN-EXCUS-001-APP-113-13-14 dated 10/10/2013 passed by Commissioner of Central Excise & Service Tax (Appeals), Pune-1. 2. Vide the impugned order, the lower appellate authority has allowed refund of Rs. 23,87,705/- to the respondent, M/s. Emerson Innovation Center, Pune, under Rule 5 of the Cenvat Credit Rules, 2004 read with Notific....

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....ying in their account. Nowhere in the said Rule 5 or in Notification No. 5/2006-CE (NT), is there any condition for establishing a nexus between the input service on which credit has been taken and the output service which has been exported. So long as the credit is admissible, and the appellant is not able to utilise the credit, refund can be claimed under Rule 5 of the Rules. The learned CA woul....

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....harmonious manner so as to achieve the object and purpose of the notification. Therefore, he submits that in terms of the Board's Circular there is no requirement of establishing one to one co-relation between the input service credit taken and the out service exported. Accordingly, he pleads for upholding the impugned order and rejecting the revenue's appeal. 5. I have carefully consider....