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2018 (6) TMI 339 - AT - Service TaxRefund of unutilized CENVAT credit - Business Support Service - Business Auxiliary Service - period involved is from July, 2014 to September, 2014 - Rule 5 of CCR, 2004 and N/N. 27/2012-CE (NT) dated 18.06.2012 - Held that:- A plain reading of Rule 5 of CCR, 2004 makes it clear that when it defines export turnover of services, the assessee needs to consider only the payments received during the relevant period and certainly not the payments which are to be received for which invoices are raised during that period. The appellate authority has even though not disputed most of the findings of the adjudicating authority, only holds that the requirement of law is that the exports effected during the relevant quarter for which proceeds were be received in foreign currency in the same quarter. This is certainly not the intention of the legislation. The order of the ld. Commissioner (Appeals) in denying the refund granted by the original authority is wrong and unsustainable - the order of the adjudicating authority is restored - appeal allowed.
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