9911796707
TMI Blog2018 (2) TMI 1664X X X X Extracts X X X X X X X X Extracts X X X X ..... ccumulated credit, insufficient opportunity for utilization thereof and limiting the extent of refund to the proportion that export turnover bears to total turnover - appeal allowed - decided in favor of appellant. - E/864, 865 & 866/09 - A/92119-92121/2017 - Dated:- 15-12-2017 - Mr. (Dr.) Satish Chandra, President And Mr. C.J. Mathew, Member (Technical) Ms. Anjali Hirawat, Advocate - for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for the appellant and have gone through the record. 4. From the record, it appears that an identical issue has come up before the Tribunal in the case of Infosys Technologies Ltd. v. CCE - 2017 (47) STR 24 (T) where it was observed that - Refund sanctioning authority is required to confine itself to the stipulations in that Rule while dealing with an application for refund of accumul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver bears to total turnover. 4.1 In an identical issue in the case of Axa Business Services Pvt. Ltd. v. Comm. Of ST - 2017 (49) STR 556 (T) also the Tribunal has observed that - 5. The first ground in which the refund stands rejected is that the services which have been exported were not taxable during the relevant period. The Notification No.5/2006-C.E. (N.T.), dated 14-3-2006 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td. v. CST - 2012 (27) STR 134 (Kar.) also observed that - 6. The assessee is a 100% export oriented unit. The export of software at the relevant point of time was not a taxable service. However, the assessee had paid input tax on various services. According to the assessee a sum of ₹ 4,36,985/- is accumulated Cenvat credit. The Tribunal has categorically held that even though the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made the assessee is not entitled to the benefit of refund, the three authorities committed a serious error in rejecting the claim for refund on the ground which is not existence in law. Therefore, said finding recorded by the Tribunal as well as by the lower authorities cannot be sustained. Accordingly, it is set aside. 7. In the light of well settled legal position, we set aside the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
