2017 (4) TMI 700 - AT - Service Tax

Rebate claim - GTA service for transportation of export consignment - Clause 3(b) of N/N. 41/2012-S.T - reverse charge - rejection on the ground that exporter had paid the service tax under reverse charge mechanism - Held that - The N/N. 41/2012-S.T. has been issued in terms of Section 93A of the Fa, 1994. The notification provides for grant of rebate by way of refund of the service tax paid on the specified services used for export of goods. It is nobody s case that the GTA services for which the appellant has claimed rebate of service tax under the notification has not been used for export of goods. Consequently, there is no doubt that the appellant falls within the gamut of the notification whose stated purpose is to grant refund of service tax on services used for export - It is not in dispute that the service tax was paid by the appellant and such services have been used for export of the goods by the appellant, the rebate is required to be paid to the appellants - appeal allowed - decided in favor of appellant.

Issues:
Claim of rebate under Notification No. 41/2012-S.T. for service tax paid on Goods Transportation Agency (GTA) services used for export of goods.

Analysis:
The appellant, a manufacturer and supplier of various equipments, including exports, filed rebate claims under Notification No. 41/2012-S.T. for service tax paid under reverse charge mechanism on GTA services used for transporting export consignments. The claims were rejected by the authorities citing Clause 3(b) of the notification disentitling those liable to pay service tax under Section 68 from claiming rebate when the taxable service is provided to the exporter. The appellant argued that a strict interpretation of this clause would defeat the purpose of the notification, which aims to grant rebates for services used for export. They also pointed out Clause 2(e) of the same notification, which does not have a similar condition as 3(b, and requested benefits under it. The appellant emphasized that notifications should be interpreted liberally for applicability but strictly for clauses. They referred to Supreme Court decisions supporting their stance.

The appellant contended that since they paid service tax under reverse charge for GTA services used in exporting goods, they should be eligible for rebate despite Clause 3(b. They highlighted that the notification offers two options for rebate, and the condition in 3(b) does not apply to one of the options. The appellant could have claimed a lesser refund under the alternative option but chose to claim under 3(b, which was denied. The notification aims to refund service tax on specified services used for export, which the GTA services in question were. The appellant argued that once eligibility for the notification's benefit is established, its wording should be interpreted to fulfill its purpose. They cited a Supreme Court ruling emphasizing that entitled beneficiaries should not be deprived of benefits due to narrow interpretations.

The judgment acknowledged that the services were used for exporting goods and that the appellant fell within the notification's scope. It highlighted that a strict interpretation of Clause 3(b would defeat the notification's purpose and render it ineffective for reverse charge cases. Upholding the literal interpretation would deny refunds to exporters who paid service tax under reverse charge, contrary to the notification's intent. The judgment concluded that the rebate under Notification No. 41/2012-S.T. should be granted to the appellant, setting aside the lower authorities' decision and providing relief to the appellant.

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