2013 (7) TMI 458 - AT - Service Tax

Refund on Port Services whether assessee would be entitled for refund on port services - Held that - The goods in question were exported during the period July 2008 to December 2008, the Port services availed prior to July 2008 cannot be treated as used for export of the goods exported from, July to December 2008 - port services were availed prior to period ending September 2008 - refund is not admissible considering the date of filing of the refund claim - refund of Port services is admissible when said service is received and used by the exporter for the export of said goods appeal decided against the assessee.

Summary

Issues:
Refund claim under Notification No. 41/2007 for Service Tax on Port services utilized for export of goods - Admissibility of refund claim based on the timing of service availed and goods exported.

Analysis:
The appeal involved a refund claim filed by M/s. Hind Aluminium Industries Ltd. under Notification No. 41/2007 for Service Tax paid on Port services used for exporting goods during a specific period. The Assistant Commissioner rejected the refund claim citing that the Port services were availed before the specified period, making the refund inadmissible due to the timing of filing the claim. The Commissioner of Central Excise (Appeals) upheld the rejection. The appellants argued that there was no time restriction on availing input services before export under the notification and requested the Tribunal to consider their appeal. The Deputy Commissioner (A.R.) supported the lower authorities' findings.

Upon review, the Tribunal found that the Port services claimed for refund were utilized for exporting goods between July 2008 to December 2008. However, both lower authorities concluded that these services were availed before the quarter ending September 2008, rendering the refund inadmissible based on the claim filing date. The Tribunal noted that Port Services are taxable under the Finance Act, 1944, and specified for export of goods in Notification 41/2007 without additional conditions. The exemption under the Notification applies to services received and used for export. As the goods were exported from July to December 2008, Port services utilized before July 2008 were deemed not used for the export during the specified period. Consequently, the Tribunal upheld the Order-in-Appeal, denying the refund for Port services availed before July 2008.

In conclusion, the Tribunal affirmed the denial of the refund claim for Port services utilized before July 2008, as they were not considered used for exporting goods between July to December 2008. The judgment emphasized the importance of aligning the timing of service utilization with the period of goods export to determine the admissibility of refund claims under specific notifications and tax laws.