9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 1342 - AT - Service TaxRebate claim - rebate of Service Tax paid on the commissions received for the business auxiliary services provided to various customers abroad - Export of Service - rejection of rebate claim on the ground that the service is rendered in India and that the appellant has not complied with the conditions in terms of Rule 3 and Rule 5 of Export of Service Rules, 2005. Held that - Tribunal in the case of Simpra Agencies Vs. CCE, Delhi-II 2014 (6) TMI 354 - CESTAT NEW DELHI , on identical facts remanded the matter holding that the assessee is to be entitled to rebate of service tax if the procedures and conditions prescribed in the notification followed and fulfilled. The impugned order is not sustainable in law - appeal allowed - decided in favor of appellant.
Issues:
Appeal against rejection of rebate claim on service tax paid for business auxiliary services provided to customers abroad. Analysis: The appellant, engaged in promoting and selling ZEISS products in India, filed a rebate claim for service tax paid on commissions received for business auxiliary services provided to customers abroad. The impugned order rejected the rebate claim on the ground that the service was rendered in India and did not comply with the conditions of Export of Service Rules, 2005. The appellant argued that since the orders were executed by foreign clients directly in India, at least a rebate for services delivered outside India should be granted. The appellant also contended that minor installation and support services in India should not be considered the same as services delivered abroad. Additionally, the appellant claimed that tax liability had not been passed on, as evidenced by a certificate submitted during adjudication, and thus, unjust enrichment did not apply. The appellant's counsel argued that the activity of promoting and marketing overseas products falls under Business Auxiliary Service, making it eligible for a rebate under Rule 5 of the Export of Service Rules, 2005. The counsel referenced Circular No. 111/05/2009-ST, stating that the export of service can occur even if all activities take place in India, as long as the benefit accrues outside India. The counsel highlighted that the service must be provided in relation to business or commerce, to a recipient outside India, from India, used outside India, and payment received in convertible foreign exchange. The counsel relied on various judicial decisions to support the claim. After considering submissions and case law, the Tribunal found that all conditions for a service to qualify as an export of service under Rule 3 of Export of Service Rules, 2005 were met in the present case. The Tribunal referred to Circular No. 111/5/2009-ST and previous case law to support its decision. Citing precedents like Simpra Agencies Vs. CCE, Delhi-II and Study Overseas Global (P) Ltd. Vs. CST, Delhi, the Tribunal concluded that the service provided by the appellant was from India but used outside India, thus qualifying as an export of service. The Tribunal set aside the impugned order, allowing the appeal of the appellant with consequential reliefs, if any. In conclusion, the Tribunal ruled in favor of the appellant, holding that the impugned order was not sustainable in law. The decision was based on the fulfillment of conditions for an export of service and the application of relevant case law supporting the appellant's claim.
|
