9911796707
TMI Blog2019 (7) TMI 906X X X X Extracts X X X X X X X X Extracts X X X X ..... ril 2012 to June 2012 5,53,894 18.03.2013 2 July 2012 to Sept 2012 5,58,015 18.06.2013 3 Oct. 2012 to Dec. 2012 8,86,135 24.09.2013 Total 19,98,044 3. Appellant is a 100% EOU, exporting their services and is registered with the Department under the category of Banking and Other Financial Services, Real Estate Agent etc. As they are exporting their services, they are unable to utilise the CENVAT Credit taken on input services. Accordingly being entitled, the Appellant applied for refund as above mentioned. Pursuant to filing of refund applications, show cause notice was issued alleging that it appears that the services of identification and evaluation of potential investment opportunities in Indian real ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Remittance Certificates (FIRC), it is observed that it is mentioned in FIRC that the same is for part payment of management fees, which is totally different from the services provided by the Assessee (i.e. services under category of Banking and Financial Services). They have not provided the details of actual description of services and manner of providing services said to have been exported so as to decide that the services provided have been actually exported in accordance with Rule 6A of Service Tax Rules, 1994. 5. Being aggrieved the Appellant preferred an appeal before Commissioner (Appeals) who in the impugned order was pleased to hold that Rule 9 of the place of provision of Service Rules 2012 is not applicable but rather Rule 3 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ays for allowing of the appeal and grant of refund. 7. The learned A.R. for the Revenue relied upon the impugned order. 8. Having considered the rival contentions, I find that it has already been held by the court below that the Appellant have exported the services. Further under the scheme of the refund, I find that there is no requirement of one-to-one co-relation of the input services or input credit with the export of service. Accordingly the reasons for rejection by the authorities below are erroneous and the same are set aside. 9. Accordingly the appeal is allowed holding that the Appellant is entitled to refund of the amount in question. The Adjudicating authority shall grant the refund within a period of 45 days from the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
