2017 (10) TMI 23

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....ake up the same for disposal in the absence of any representation from appellant. 3. Heard Ld. DR and perused the records. 4. The issue that falls for consideration is whether the appellant is eligible for refund of cenvat credit of service tax paid by them on input services, utilised for rendering export of software. 5. Undisputedly, appellant is an 100% EOU registered with STPI for export of software. Appellant filed refund claim under rule 5 of Cenvat Credit Rules, 2004 read with notification No. 5/2006 CE(NT). The said refund claims were rejected by adjudicating authority on many grounds, one being that appellant is not able to show records that they had in fact sufficient credit balance in cenvat credit account. Aggrieved by s....

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....e stated that, they have debited P&L account for all services taxes paid and the same was included in the exported invoice value with the intention of crediting the respective heads of expenditure as and when credit was obtained. On scrutiny of the said documents, if revealed that they are not having any balance in cenvat credit receivable account under the head Advances on the asset side whereas the appellant have shown the service tax paid on input services in their ST-3 returns as credit lying and unutilised for the relevant periods in contravention of their transactions made in the books of accounts. Further the service tax paid on the value of input services and the total sum was reflected as expenditure in their P&L account and arrive....