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2016 (7) TMI 899 - AT - Service TaxPeriod of limitation - relevant date - refund of accumulated credit of service tax paid on input services used in exports of services - Held that - It is not disputed that there is a time limit of one year prescribed under Section 11B of the Central Excise Act, 1944. However this time limit runs from the relevant date . The question is which is the relevant date in the case of such accumulated credit of service tax paid on input services used in export services. In the case of refund of central excise duty on goods consumed within the country, it is the date of payment of duty. In the case of export of goods, the relevant date is the date of shipping bills. In the case of services rendered, the date on which services are rendered or the invoices are raised for same, or the amounts are realised by the service provider, as applicable, would be the relevant date. Amendment to notification Notification No. 27/2012-CE (NT) dated 18.06.2012 by Notification No. 14/2016-CE (NT) dated 01.03.2016 is clarificatory in nature - Decided against the assessee.
Issues:
Relevant date for computing limitation for refund of accumulated credit of service tax paid on input services used in exports of services. Analysis: The appeal involved a dispute regarding the relevant date for computing the limitation for the refund of accumulated credit of service tax paid on input services used in exports of services. The appellant argued that prior to 01.03.2016, there was no time limit for claiming such refund, and the time limit was introduced prospectively through Notification No. 14/2016-CE (NT). The appellant relied on the decision of the Tribunal in the case of Arvind Ltd. The Authorized Representative for Revenue contended that all refunds are subject to the provisions of Section 11B of the Central Excise Act, 1944, which applies to Service Tax as well. Refunds under the Central Excise Act are governed by Section 11B, as established by the Supreme Court in the case of Mafatlal Industries vs. Union of India. The Authorized Representative highlighted that the provisions of Section 11B and the time limit prescribed under it are applicable to the claim of refund of accumulated credit. Additionally, the Authorized Representative referenced the decision of the Larger Bench in the case of Commissioner of Service Tax, Goa vs. Ratio Pharma India Pvt. Ltd., where it was held that the relevant date for refund in the case of export of services is the date of receipt of foreign exchange. Upon careful consideration, the Tribunal found merit in the arguments presented by the Authorized Representative for Revenue. It was acknowledged that there is a time limit of one year prescribed under Section 11B of the Central Excise Act, 1944, running from the relevant date. The Tribunal deliberated on determining the relevant date for accumulated credit of service tax paid on input services used in export services. The Tribunal clarified that while Notification No. 14/2016-CE (NT) dated 01.03.2016 explicitly stated the relevant date, the legal position existed before this notification. The Tribunal held that the notification was clarificatory in nature, removing doubts and aligning with the legal provisions. The Tribunal also upheld the decision of the Larger Bench regarding the relevant date for refund in the case of export of services being the date of receipt of foreign exchange. Consequently, the impugned order of the Commissioner (Appeals) was upheld, and the appeal was dismissed.
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