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2015 (11) TMI 1112 - AT - Service TaxRefund claim - Notification No.41/2007-ST dated 06.10.2007 - export of goods - whether the appellant can get the refund of the amount having filed the refund claim on 31.03.2009 instead of 30.09.2008 - Held that:- There is no dispute as to the fact that the appellant had exported the goods and had utilized the services of the service provider for such exports. It is also not in dispute that appellant is eligible for the refund of the amount of service tax paid by the service providers. First appellate authority has correctly recorded the fact that it is settled principle as to Rules and Notifications are issued from to time to supplement the provisions of main Act and grant of relief of refund of service tax paid on services used in export of goods has to be sanctioned to the respondent when conditions prescribed in the main Act are fulfilled. Main conditions as laid down in the act are fulfilled i.e. there has to be export of goods and the service tax liability has to be paid to the service provider and the same must have been used for the export of the goods which conditions are fulfilled by the respondent. - impugned order is correct and legal and does not require any interference. - Decided against Revenue.
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