Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2016 (3) TMI 106

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ould be a barrier to get the export incentive through refund of the service tax paid. Also denial of refund shall be a hurdle to the export as there being no one-to-one relationship prescribed by the notification between the input service and export. Furthermore, grant of refund is object of the notification but exemption is nomenclature. Therefore, denial of refund is contrary to law for the reas .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... domestic clearances during the material period. Hence, export being day-to-day activity of the appellant there cannot be one-to-one relationship to be established between the services availed and export made. Therefore, denial of refund of service tax paid on the impugned exempted services is unreasonable. 2. On the other hand, the learned departmental representative says that when there is no .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... given in the next quarter, which is not in doubt. Therefore, embargo by the procedure would be a barrier to get the export incentive through refund of the service tax paid. There being no one-to-one relationship prescribed by the notification between the input service and export, denial of refund shall be a hurdle to the export. Furthermore, grant of refund is object of the notification but exemp .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates