Refund of Service tax - Payment to overseas agent in Cash or Cenvat

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..... 1. Is it necessary that ST on commission paid to overseas agent to be paid by cash. Cannot be paid from Cenvat credit? 2. In case of refund of ST (which was debited from Cenvat account) in case of exports, can amount of ST be refunded in the form of credit in Cenvat, or is it necessary to be refunded by cash? 3. In case of refund of ST, in respect of the services provided during January to March 0 .....

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..... 9, can the application for refund be filed in Noember, i.e. after six months (according to Notification No. 17/2009 )? As per Notn. No. 41/07 , it time limit is 6 months? - Reply By Rama Krishana - The Reply = Post notification no. 17/2009, the commissioner paid for export of goods to the overseas agents are exempt from service tax. But for the period prior to notification 17/2009, you need to .....

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..... pay service tax first and claim the same as refund under notification no. 41/2007. Regarding, period of limitation, this issue of subject to judicial review as section 11B of central excise act, 1944 allows to file refund claim within one year. Similar provision has been made in notification no. 18/2009. Therefore, you must file the refund if you could not filed within 6 months. Let the departmen .....

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..... t reject, you should choose to appellate remedies till the matter is finally resolved. - Refund of Service tax - Payment to overseas agent in Cash or Cenvat - Query Started By: - shaji thomas Dated:- 27-1-2010 Service Tax - Got 1 Reply - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxma .....

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..... nagementindia.com - TMI - TaxTMI - TMITax .....

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