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TMI Blog2017 (10) TMI 850X X X X Extracts X X X X X X X X Extracts X X X X ..... activity of the assessee in promoting the interests of its clients in relation to the contracts between their clients and the Indian entities has been performed within India. Whether the consideration has been received in foreign currency as claimed by the assessee? - Held that: - it is only after 18th April 2006 that receipt of foreign currency was explicitly included as a condition in Export of Service Rules, 2005. Accordingly, any levy pertaining to the period prior to that would not sustain. Having exported services, the assessee is not liable to tax - appeal allowed - decided in favor of appellant. - ST/85136 & 85484/2013, ST/CO-91065/2013 - A/89141-89143/17/STB - Dated:- 31-3-2017 - Shri M V Ravindran, Member (Judicial) And ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s entitling them to be an earned of consideration in foreign convertible currency notwithstanding, the service having been provided in India, coverage under Export of Service Rules, 2005 was deniable. However, the demand for the period prior to 2008-09 was held to be beyond the period of limitation as the ingredients for invoking the proviso to section 73(1) of Finance Act, 1994 do not exist. Penalties were also imposed against the assessee. 3. We have heard the Learned Counsel for M/s Tristar Shipping Pvt Ltd and the Learned Authorised Representative. 4. Learned Counsel maintains that the activity undertaken by the assessee cannot be excluded from coverage as Export of Service Rules, 2005 merely on account of non-receipt of the consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal in ETA Travel Agency Pvt Ltd v. Commissioner of Central Excise, Chennai [2007 (7) STR 454 (Tri.-Bang.)]. 7. Having considered the rival submissions, we find that there is no dispute that the recipients of the service provided by assessee are located outside the country. However, the bar to extending the eligibility for exemption under Export of Service Rules, 2005 is the rendering of services in India and the receipt of commission in Indian currency. We find ourselves unable to agree with the first contention; it would appear that the adjudicating authority has convinced himself of this by the concatenation of location of the provider of service and the location of the second party in the charter agreement entered into by the cli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n currency as claimed by the assessee. We take note that it is only after 18 th April 2006 that receipt of foreign currency was explicitly included as a condition in Export of Service Rules, 2005. Accordingly, any levy pertaining to the period prior to that would not sustain. With the decision of the Tribunal in re Nipuna Services Ltd that 18. When we examine the factual situation, it is seen that the appellant has directly rendered the services to the recipients abroad. This is an undisputed fact. The payment for the services rendered has also been made in foreign currency. Revenue is denying the refund for the simple reason that the appellant themselves had not directly received the payment in foreign currency. In our view, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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