Case Law Details

Case Name : M/s. Handy Waterbase India (P) Ltd. Vs CCE (CESTAT Chennai)
Appeal Number : E/40719/2014
Date of Judgement/Order : 02/03/2016
Related Assessment Year :
Courts : All CESTAT (169) CESTAT Chennai (32)

IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL

SOUTH ZONAL BENCH, CHENNAI

Appeal No. E/40719/2014

(Arising out of Order-in-Appeal No.260/2013 dated 21.12.2013 passed by the Commissioner of Central Excise (Appeals), Madurai)

M/s. Handy Waterbase India (P) Ltd. Vs. CCE, Tirunelveli

Appearance
Shri S. Murugappan, Advocate for the Appellant
Shri B. Balamurugan, AC (AR) for the Respondent

CORAM : Honble Shri D.N. Panda, Judicial Member

Date of Hearing / Decision: 02.03.2016

Final Order No. 40410 / 2016

Appellant submits that the services narrated in para 5.6 of the appeal order were availed to make export of goods and such services suffered service tax.  Appellant took CENVAT credit thereof and not possible to be utilised. But that was denied by the adjudicating authority on the ground that the appellant was not entitled to the credit. Thus accumulated credit were not refunded. Departments plea was that the services availed were post-clearance and service tax paid does not entitle the appellant to the credit of service tax paid thereon.

2.    The taxable services availed by the appellant were to occasion the exports. There appears nexus between export and the service so availed which cannot be ruled out by the authorities below. Once that is present, denial of the refund of the accumulated CENVAT credit to the exporter is unreasonable. Therefore, the appeal is allowed.

(Dictated and pronounced in open court)

(D.N. Panda)

Judicial Member

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