Service Tax
TRT-2025-
Cestat Mumbai
Date:-14-11-22
In:-
Issue Favourable to Tax Payer ?:-
Order Date: 14 November 2022
Facts:
- The appellant, M/s. Warburg Pincus India Pvt. Ltd., is engaged in the business of providing investment advisor services to its customers.
- Refund of unutilized CENVAT credit on input services on entire turnover of exports of services to the US without payment of service tax was sought but refund sanctioning authority, allowed part, returned by order-in-original on 19.03.201,28.03.2018 and 29.09.2017 respectively.
- It had also rejected the same credits as inadmissible against which Appellant preferred appeals before the commissioner of Central Tax (Appeals-I), Mumbai who disposed of the same vide his common order dated 28.12.2018 by sanctioning refund to the tune of Rs.2,22,87,989/- and rejecting refund of Rs.13,55,221/- on the ground that CENVAT Credit availed on Club or Association Services , Services by Airconditioned Restaurants, Sponsorship Services, Event Management Services, Short Term Hotel Accommodation Services, Mandap Keeper Services, Convention Services and Cable Operator Services were not eligible input services as those have no nexus with the services exported by the Appellant.
Issue:
- Whether the appellant is eligible also to get the refund of the unutilized CENVAT Credit to the tune of Rs.13,55,221/- with applicable interest.
Order:
- The Tribunal observed the issue concerning rejection of refund against credits on inputs taken by the Appellant engaged solely on export of services is not required to be decided again in evaluating the eligibility of availment of such input credits by the Appellant since judicial precedent set by this Tribunal would rule the field in the absence of any contradictory finding by the Appellate Court.
- It was held that judicial precedent is to be carried forward for maintenance of certainty and predictability in the decision making process that has already held the input services availed by the Appellant as eligible credits and in view of the fact that Notification No. 27/2012-CE (NT) permits refund of such unutilised credits of the exporters, hence the appeal is allowed.
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