9911796707
TMI Blog2015 (11) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... ial relief. 2. The fact of the case is those respondents are engaged in the provision of advisory services falling in the category of Banking and Financial services and Renting of Immovable Property Services. They filed five refund claims for total sum of Rs. 28,04,138/- from time to time under Rule 5 of Cenvat Credit Rules, 2004 read with Notification 5/2006 CE(N.T.) dated 14/3/2006 for unutilized accumulated Cenvat credit earned on account of payment of service tax on the input services which have been used for providing output service exported during the period from October 2007 to December, 2008. The adjudicating authority while disposing of all the refund claims of Rs. 28,04,136/- were rejected on the ground that the service so provid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit was taken. It is his submission that since the output services has not been exported Ld. Commissioner has erred in allowing the appeal of the respondent therefore the impugned order is required to be set aside. 4. When the matter was called for hearing, none appeared on behalf of the respondent, nor any adjournment request was found on record from the respondent. Therefore I proceed to dispose of the appeals on merits. 5. I have carefully considered the submission made by Ld. A.R. and perused the records. 6. I find that original authority has rejected the refund application filed under Rule 5 against export of services only on the ground that services by the respondent was provided in India therefore it cannot be treated as export ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all the services have been used in relation to output service which has been exported. Therefore order of the Ld. Commissioner does not require any interference. The findings of the Ld. Commissioner makes it very clear that the respondent are undoubtedly entitle for the refund. The relevant findings are reproduced below:- 7. It is to be seen that adjudicating authorities, in their findings, have recorded that the application in Form-A alongwith the copies of the relevant invoices with the copies of agreements have been produced and sale proceeds in respect of the output services exported have been realized by the Appellants. It is further seen that the Adjudicating authority has stated that the refund of Cenvat is governed under Rule, 5 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re specified: (a) Such service is provided from India and used outside India; and (b) Payment of such services is received by the service provider in convertible foreign exchange. The contention of the Appellants appear to be maintained and acceptable. 8. It is to be seen that the CBEC, while clarifying the applicability of the provisions of Export of Service Rules, 2005 vide their Circular No. 111/05/2009, in para 2(iii) of the said circular, have clarified the position in respect of Category-III[(Rule 3(iiii)] that for the remaining services which would include knowledge or technique based services, which are not linked to an identifiable immovable property or whose location cannot be readily identifiable (such as Banking & Financi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conditions. Notifications No. 5/2006-CE(N.T.) dated 14/3/2006 provides the conditions, safeguards and limitation for obtaining refund of such credit. In view of the above, the contention of the adjudicating authority that the said advisory services i.e. Banking & Other Financial Services are used in India and as such the benefit of these services is accruing in India and not outside India does not appear to be correct and it is not tenable. 9. In view of the above, I do not see any merit and substance in the findings of the Adjudicating Authorities recorded in the impugned orders for rejecting the subject refund claims of utilized Cenvat credit filed by the appellants in the past. I hold that the refund claim, in question, are allowable to ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
