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Appropriate authority to sanction refund, Service Tax

Issue Id: - 856
Dated: 5-8-2008
By:- Dilip Darji

Appropriate authority to sanction refund


  • Contents

Manufacturer-Exporter, exporting exempted goods are entitled to claim refund of Service Tax paid services specified under Noti.No.41/2007-ST. Manufacturer-Exporter is not holding central excise registration, as the goods are exempted under Notification no 6/2006 CE. Firm is holding Centralised Service Tax Registration. Refund claim filed by manufacturer-exporter, with his JAC/JDC, returned on the grounds that since the firm is centralised registered, claim to be filed with the Commissionate where they are centralised registered. The Commissioner, where the firm is centrally register is not ready to even acknowledge the claim, in terms on the clear conditions of Noti.No.41/2007, to the effect that claim to be filed with JAC/JDC of manufacturer-exporter. The question is who is the appropriate authority to acknowledge/accept/process and sanction the refund claim of the exporter.

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1 Dated: 9-8-2008
By:- Surender Gupta

You can find the solution in the Circular No. 101/4/2008-ST dated 12-5-2008


Page: 1

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