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2017 (9) TMI 358 - AT - Service TaxBusiness Auxiliary Services - export of services or not - whether or not the appellant received the consideration for service, in convertible foreign exchange? - Held that: - It is relevant to note that when a service is provided to a person located abroad and the conditions is payment of consideration in convertible foreign exchange, the same shall stands satisfied, if the recipient of service transfers the money from his account which is in convertible foreign currency and remitted to Indian provider of service. The credit to account of Indian recipient of money at the bank of Indian recipient, will necessarily be in Indian rupees. It is apparent that no foreign exchange amount can be credited in bank located in India. The transactions are in Indian rupees - In Sun Area Real Estate Pvt. Ltd. [2015 (5) TMI 885 - CESTAT MUMBAI], it was held that the FIRC issued certifying that the payment not received in non-convertible rupees establishes payment in foreign exchange. Such payment in rupees is equal to foreign exchange - appeal allowed - decided in favor of appellant.
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