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TMI Blog2019 (11) TMI 1459X X X X Extracts X X X X X X X X Extracts X X X X ..... ices and issued the invoices to its clients located within the country - The dispute with regard to the issue of applicability of the provisions of the export of services, under such circumstances was dealt with by the CBEC vide Circular dated 24.02.2009, wherein with regard to category -III service under Rule 3(1)(iii) ibid, it has been clarified that banking and other financial services should be classified under the said rule for the purpose of consideration as export. The reliance place by the authorities below on the Circular dated 13.05.2011 is not applicable to the case in hand inasmuch as the period in dispute is prior to March 2010 and the Circular was issued much after the date of performance of actual service by the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les, 2005. 3. The learned Advocate appearing for the appellant submits that the clarification furnished by the CBEC in the circular dated 13.05.2011 would not be applicable to the facts of the present case, because the period of dispute involved was prior to March 2010 and the case of the appellant is squarely covered by the Circular dated 24.02.2009 issued by CBEC from F.No.137/307/2007-Cx.4 (Pt.), clarifying that banking and other financial services should be considered as category-III services under Rule 3(1)(iii) of the Export of Services Rules, 2005 for the purpose of grant of refund of service tax paid on the input services. He has also relied upon the decisions of this Tribunal in the case of M/s CDP Real Estate Advisory India Pvt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the service receiver and not the place of performance. In this context, the phrase used outside India is to be interpreted to mean that the benefit of the service should accrue outside India. Thus, for Category III services [Rule 3(1)(iii)], it is possible that export of service may take place even when all the relevant activities take place in India so long as the benefits of these services accrue outside India. 7. Further, I also find that identical case has also been decided by the Tribunal in the cases (supra) relied upon by the learned Advocate for the appellant. In those cases, it has been held that even if the services are provided with the country under the instruction of the services recipient located abroad, still ..... X X X X Extracts X X X X X X X X Extracts X X X X
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