2014 (2) TMI 1188 - AT - Service Tax

Denial of refund claim - Notification No. 17/2009-S.T. dated 7-7-2009 - Export of goods - Held that - any refund claim filed beyond one year is to be dismissed as time bar. In the case in hand since there is no dispute that refund claims which has been rejected by the lower authorities has beyond limitation of one year as provided in notification the said orders needs to be upheld and I do so. - However refund in respect of terminal handling charges allowed following the decision of 2014 (11) TMI 973 - GUJARAT HIGH COURT - Decision in the case of COMMISSIONER OF CENTRAL EXCISE Versus AIA ENGINEERING PVT. LTD. 2015 (1) TMI 1044 - GUJARAT HIGH COURT followed - Decided partly in favour of assessee.

Summary

Issues:
Refund of Service Tax paid on various services for export of goods, eligibility for refund, terminal handling charges, time limitation for refund claims, procedural aspects in rejecting refund claims.

Analysis:
The appeals were filed by both the Revenue and the assessee against the same impugned order, raising a common question, which were disposed of by a common order. The assessee had claimed a refund of Service Tax paid on services received for the export of goods, as per Notification No. 17/2009-S.T. The Adjudicating Authority rejected the refund claim, but the First Appellate Authority allowed the appeal partially. The Tribunal heard both sides and considered previous judgments. The issue of refund on Terminal Handling Charges had been settled by the High Court in previous cases, and the Tribunal decided to allow the refund claim on these charges. However, refund claims rejected beyond one year were upheld based on a previous ruling. The Tribunal found no merit in the Revenue's appeals, citing established law that procedural aspects should not be a reason for rejecting refund claims related to the export of goods.

The Tribunal referred to previous judgments to support its decision on the refund claims. The issue of Terminal Handling Charges had been addressed by the High Court in previous cases, leading the Tribunal to allow the refund claim on these charges. Additionally, the Tribunal relied on a previous ruling regarding the time limitation for refund claims, upholding rejections beyond one year. The Tribunal emphasized that when there is evidence of the export of goods, services received, and discharge of Service Tax liability, procedural aspects should not hinder refund claims, as established by various decisions.

The Tribunal concluded that the appeals by the assessee and the Revenue were disposed of accordingly. The Tribunal's decision was based on the interpretation of previous judgments, specifically regarding the refund of Terminal Handling Charges and the time limitation for refund claims. The Tribunal reiterated that procedural aspects should not prevent eligible refund claims related to the export of goods, as supported by established legal principles.

Judgment by Shri M.V. Ravindran, Member (J)