2010 (12) TMI 71 - AT - Service Tax

Refund - export of services - relevant date - The Commissioner (Appeals) has held that in such a case the relevant date is the date when the payment of service (exported) is received by the assessee not the date when the service is provided. Against that order, Revenue is in appeal on the premise that the relevant date is the date of service tax paid as per Section 11B of Central Excise Act, 1944. - Held that - From the above provisions, it is very much clear in the case of export of service, the relevant date is the date when the payment of service exported has been received by the assessee.

Summary

Issues:
1. Determination of the relevant date for filing a refund claim in the case of export of services.

Analysis:
The appeal before the Appellate Tribunal CESTAT, Mumbai revolves around the determination of the relevant date for filing a refund claim in the context of export of services. The Revenue filed an appeal against the lower appellate authority's decision, which held that the relevant date for filing a refund claim in the case of export of services is the date when the payment for the service exported is received by the assessee, not the date when the service is provided. The Revenue contended that the relevant date should be the date of service tax paid as per Section 11B of the Central Excise Act, 1944.

Upon hearing and consideration, the Tribunal examined Rule 5 of the CENVAT Credit Rules, 2004, which pertains to the refund of credit in the case of export. The Tribunal noted that as per the explanation to Rule 5, to claim a refund of service tax in the case of export of service, the Export of Service Rules, 2005 are applicable. Rule 3(2) of the Export of Service Rules, 2005 specifies that payment for the service must be received by the service provider in convertible foreign exchange for it to be treated as an export of service.

The Tribunal concluded that in the case of export of service, the relevant date for filing a refund claim is when the payment for the service exported is received by the assessee. The lower appellate authority's decision aligns with this interpretation, stating that the assessee must file the refund claim within one year from the date of receipt of the payment for the service exported. Consequently, the Tribunal found no merit in the Revenue's appeal and rejected it, upholding the lower appellate authority's decision on the determination of the relevant date for filing a refund claim in the case of export of services.