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2018 (6) TMI 340 - AT - Service TaxRefund of unaccumulated CENVAT credit - export of services - Rule 5 of CCR, 2004 - rejection on the ground of time bar - payment for export services received in convertible currency - Held that:- the applications for refund claims for impugned period were filed on 07.11.2016 (The date of application seeking refund). Respective invoices are of 31.10.2015, 30.11.2015 and 30.12.2015. Thus, it is the application only of 31.10.2015, which is beyond one year of the invoice. Hence, the order of original authority to this aspect was wrong. Receiving payment for export services in convertible currency - Held that:- It is very clear that the payment in rupees from the account of a bank situated in any country (other than a member country of Asian Clearing Union or Nepal or Bhutan) is a manner of receipt of foreign exchange - In the present case, it is evident that the Indian rupees were received through the account of Deutsche Bank which is situated in foreign country. Therefore, in terms of Regulation 3 made under Section 47 of the Foreign Exchange Management Act, 1999, in the present case the foreign remittance in Indian rupees through Deutsche Bank is the receipt of payment in convertible foreign exchange. The Commissioner (Appeals) has rightly overruled the decision of Additional Commissioner rejecting the claim of refund for the export services to the claimant for want of remittance in convertible currency - refund allowed - appeal dismissed - decided against Revenue.
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