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2015 (8) TMI 206 - CESTAT AHMEDABAD

2015 (8) TMI 206 - CESTAT AHMEDABAD - TMI - Denial of refund claim - C&F Charges and Sales Commission (Foreign) - Notification No. 41/2007 dated 06.10.2007 - exemption from service tax - export of goods - Held that:- Authorised Representative (ADC) for the Revenue has no objection for remanding the issue, as no personal hearing was granted by the Commissioner (Appeals) and since it has to be verified whether the appellants produced the said documents before the original adjudicating authority or .....

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appeals are filed by the appellants, in respect of three Orders-in-Original on the same issue, disposed of by the Commissioner (Appeals) by a common order against the appeals filed by the Revenue before him. 2. The brief facts of the case are that the appellants are a manufacturer exporters and had filed three refund claims in respect of the service tax paid by them on the services such as C&F Charges, CHA and Sales Commission. The appellants claimed exemption from service tax paid on the se .....

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cept that pertaining to C&F Charges and Sales Commission (Foreign). On a query from the Bench, learned Counsel and the learned Authorised Representative (ADC) confirmed that Revenue has not filed any appeal against the impugned order of Commissioner (Appeals). Therefore, the said portion of Order-in-Appeal has reached finality to that extent. However, appeals were filed by the appellants against the OIA with regard to rejecting service tax refund falling under the categories of C&F Charg .....

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