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2016 (9) TMI 95 - AT - Service TaxRejection of refund claim - export input services CHA services terminal handling services - notification 41/2012-ST dated 29.06.2012 place of removal - Notification No. 1/2016-ST dated 03.02.2016 Held that - Notification No. 41/2012-ST dated 29.6.2012 has been amended by Notification No. 1/2016-ST dated 03.02.2016 by which the explanation has been substituted. The said notification has been given retrospective effect with effect from the date of parent notification which is 29.06.2012 - specified services means taxable services that have been used beyond factory or any other place or premises of production or manufacture of the said goods refund of service tax paid available appeal allowed decided in favor of appellant.
Issues: Refund of Service Tax on CHA Services and Terminal Handling Charges used in connection with export of goods.
Analysis: 1. The appellant filed an appeal against the Order-in-Appeal rejecting the refund of Service Tax paid on input services for export of goods. 2. The Commissioner (Appeals) denied the refund citing that specified services eligible for refund must be used beyond the place of removal, which was not the case for CHA Services and Terminal Handling Charges. 3. The appellant argued that an amendment to Notification No. 41/2012-ST by Notification No. 01/2016-ST should be treated as having retrospective effect, making the services eligible for refund. 4. The Authorized Representative for Revenue acknowledged that the amending Notification No. 01/2016 had retrospective effect. 5. The Tribunal found that the amendment to the notification had retrospective effect from the date of the parent notification, making specified services, including CHA Services and Terminal Handling Charges, eligible for refund if used beyond the place of production or manufacture of the goods. 6. Consequently, the Tribunal set aside the Order-in-Appeal and allowed the appeal, granting the appellant the refund of Service Tax paid on CHA Services and Terminal Handling Charges for the export of goods.
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