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2019 (11) TMI 1459 - AT - Service TaxRefund of unutilized Cenvat credit - rejection on the ground that the services provided by the appellant during the disputed period did not qualify as export - period April to September 2009 and October 2009 to March 2010 - Circular No. 141/10/2011-TRU dated 13.05.2011 - HELD THAT:- It is an admitted fact on record that the appellant had provided the services to the overseas entities as per the contractual norms and consideration for such services was received in convertible foreign exchange. However, upon receipt of such services from the appellant, the service recipient located abroad had provided such services 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. Appeal allowed - decided in favor of appellant.
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