Custom, Excise & Service Tax Tribunal
M/S. Integra Software Services Pvt. Ltd vs Commissioner Of Central Excise, ... on 6 August, 2015
IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH, CHENNAI
ST/S/41492/2014 and ST/41223/2014
[Arising out of Order-in-Appeal No.9/2014(P)(D), dated 03.03.2014 passed by the Commissioner of Central Excise (Appeals), Chennai]
M/s. INTEGRA SOFTWARE SERVICES PVT. LTD.
APPELLANT
Versus
COMMISSIONER OF CENTRAL EXCISE, PUDUCHERRY
RESPONDENT
Appearance:
For the Appellant Shri S. Ramachandran, [No vakalat on file] Adv.
For the Respondent Shri M. Rammohan Rao, AC (AR) CORAM:
Honble Shri D.N. Panda, Judicial Member Date of hearing/decision 06-08-2015 FINAL ORDER NO. 41096 / 2014 Perusal of para 2 of the learned Commissioners order categorically shows the claim of Cenvat credit made by the appellant. That relates to certain services claimed to be input services. Those were:- Maintenance, Foreign outsourcing, Rent, Security, Telephone, Training charges, Audit Fees, Consultancy, Courier, Software and Internal outsourcing.
2. While the services above were specifically claimed to be input service, learned Commissioner (Appeals) has failed to deal with the relevancy, integral connection as well as dependability of each such services with the output service which is claimed to be export of service, by the appellant. In absence of any examination of the nature of the claim, relevant evidence as well as law applicable in respect of each such claim, the order is said to be non-speaking and unreasoned.
3. To remove the above said defects in the impugned order, the appeal is remanded to the learned Commissioner (Appeals) to deal with each claim of the claim stated above and pass a speaking order thereon stating reason of his decision. He is required to bring out the matter in controversy, his decision and reason of decision in specific terms. Without such course of natural justice being followed the order is also said to be suffering from legal infirmity.
3. Appellant is entitled to fair opportunity of hearing before learned Commissioner (Appeals) in the course of remand proceeding. 4. In view of the disposal of the appeal as above, stay application is disposed accordingly. (Dictated and pronounced in open court) (D.N. PANDA) JUDICIAL MEMBER ksr 08-08-2015 DRAFT Remarks I II III Date of dictation 06.08.2015 Draft Order - Date of typing 06.08.2015 Fair Order Typing 8.07.2015 Date of number and date of dispatch 4 ST/S/41492/2014 and ST/41223/2014