9911796707
TMI Blog2024 (10) TMI 1061X X X X Extracts X X X X X X X X Extracts X X X X ..... In the present case, there is no allegation that the credit is not eligible to the appellant. It is merely stated that tax has been pald voluntarily and therefore credit is not available under the GST regime. Though credit is not available as Input Tax Credit under GST law, the credit under the erstwhile Cenvat Credit Rules is eligible to the appellant. Such credit has to be processed under Section 142(3) of GST Act, 2017 and refunded in cash to the assessee.' It is found that in this case also, the appellant paid the license fees on 17th March, 2017, when the erstwhile provisions of service tax was in force, but reversed the credit on 26th September, 2017 and October 2017. We observe that the issue of timelimit has been examined by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and is also engaged in election, commissioning and installation of such furnaces. The Appellant is a wholly owned subsidiary of Ipsen Germany. 2. Ipsen Malaysia was holding the distribution and agency rights in South East Asia and during FY 2016-17 Ipsen India for having better position in the market intended to procure the said distribution and agency rights for a period of 10 years from Ipsen Malaysia. For such transfer of rights Ipsen India entered into a License agreement dated 01st February, 2017 with Ipsen Malaysia and other Ipsen Group Entitics. 3. Vide the said licence agreement, Ipsen India was to take up the agency from Ipsen Malaysia by paying a license fee of EUR 14,60,000 and an appropriate invoice being Invoice No. IPDR 17/000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application of the Appellant stands rejected as on date. Initially a SCN was issued seeking as to why the refund should not be denied for alleged violation of Rule 7 of the Point of Taxation Rules, 2011, read with Rule 7B of Service Tax Rules, 1994 and alleged misinterpretation of the instructions in Board Circular No. 207/5/2017-Service Tax dated 28 September 2017, read with Section 142(9)(b) of the CGST Act 2017. The Appellant duly replied to such SCN. However, vide the Order in Original No. 303-R/AC/CGST CX/BPD/18-19 dated 28 February 2019 the Ld. Assistant Commissioner, CGST CX., Bishnupur Division, Kolkata South Commissionerate, Kolkata rejected the refund claim of the Applicant. 8. Being aggrieved the Appellant preferred an Appeal be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T 4175], wherein this Tribunal examined this issue and observed as under: - 9. From the facts narrated above, it is brought out that appellant has paid the service tax voluntarily under selfassessment. The tax is paid under reverse charge mechanism for the services received by them from Foreign Service provider. On perusal of para 6.4 of the 010, it is seen that the adjudicating authority has denied refund of credit holding that the service tax has been paid voluntarily and also that no credit is available in GST regime. Section 174(2) of the GST Act has already been reproduced as above. It says that the amended Act shall not affect any right, privilege, obligation, or liability acquired, accrued or Incurred under the amended Act or repeale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uing has to be paid in cash. 12. In the present case, there is no allegation that the credit is not eligible to the appellant. It is merely stated that tax has been pald voluntarily and therefore credit is not available under the GST regime. Though credit is not available as Input Tax Credit under GST law, the credit under the erstwhile Cenvat Credit Rules is eligible to the appellant. Such credit has to be processed under Section 142(3) of GST Act, 2017 and refunded in cash to the assessee. 13. From the discussions made above, the principles laid down in the decisions cited above, I am of the view that rejection of refund claim cannot be justified. The impugned order is set aside. Appeal is allowed with consequential relief, if any. 6.1. F ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
