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Issues:
The issues involved in the judgment are the time-bar aspect of filing refund claims and the requirement of realization of foreign exchange proceeds for eligibility of refund. Time-bar Aspect: The appellant, M/s. Raymond Ltd., filed refund claims for Service Tax used as 'input service' in the export of goods as samples. The claims were filed within one year from the date of export, as per Notification No. 17/2009-S.T. The jurisdictional Assistant Commissioner rejected the claim stating it was not filed within the time-period stipulated under Notification No. 41/2007-S.T. The appellant argued that the amended time-limit applies to their claim, making it within the permissible period. Realization of Foreign Exchange Proceeds: The appellant contended that the value of the samples was recovered from subsequent exports, making them eligible for the refund. However, the Revenue argued that the appellant did not fulfill the requirement of realizing sale proceeds in foreign exchange under the Foreign Exchange Management Act, 1999. The appellant was found to have exported samples free-of-charge, violating the provisions of the notification. As there was no evidence presented to show the recovery of sample values from subsequent exports, the appellant was deemed ineligible for the refund under Notification 41/2007-S.T. In conclusion, the appeal filed by the appellant was rejected as it was found that they did not meet the eligibility criteria for the refund based on the provisions of Notification 41/2007-S.T.
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