2022 (11) TMI 695

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.... the CENVAT Credit Rules, 2004 on the ground that no nexus exists between inputs and export outputs that has been confirmed by the Commissioner (Appeals) in a common order, referred above, is assailed in this appeal. 2. Facts of the case, in brief, is that Appellant company is engaged in the business of providing investment advisory service to its customers M/s. Warburg Pincus LLC, USA. The entire turnover being export of service to USA without payment of Service Tax, unutilised CENVAT Credit on input services was sought to be refunded but the refund Sanctioning Authority, had allowed part refund vide Order-in-Original dated 29.09.2017, 19.03.2018 and 28.03.2018 respectively. It had also rejected same credits as inadmissible against whic....

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....r Services, Convention Services, Cable Operator Services and for Sponsorship Services as well as Event Management Services, the issue of availment of CENVAT Credits on these two services were also confirmed by this Tribunal consistently through a series of judgments, for which having regard to the precedent set by this Tribunal, the order passed by the Commissioner (Appeals) to the extent of denial of CENVAT Credit can be modified in allowing the credits in favour of the Appellant. For Sponsorship Services he placed his reliance on the judgment of this Tribunal passed in the case of M/s. 24/7 Customer Pvt. Ltd. Vs. Commissioner of Central Tax, Bengaluru East reported in 2021 (8) TMI 814 - CESTAT, Bangalore and in the case of M/s. Microsoft ....

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....and inputs services was not required to be established, he also placed his reliance on the judgment of this Tribunal passed in the case of M/s. MSCI Services Pvt. Ltd. Vs. Commissioner of CGST reported in 2018-VIL-576-CESTAT-MUM-ST that has applied the clarificatory circular made on amended Rule 5 of the CENVAT Credit Rules, 2004 and allowed the benefit of refund to the Appellant that was denied by the Respondent-Department. In toto, he prays for acceptance of his appeal by way of grant of refund against the input credits that was denied by the Commissioner (Appeals). 4. In response to such submissions, learned Authorised Representative for the Respondent-Department has argued in favour of the reasoning and rationality of the order passe....