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‘Relevant Date’- A Relevant amendment and a ‘Big Leap’ for the Service Exporters for claiming refunds

Budget - By: - SKP IDT - Dated:- 8-3-2016 - Bingo! The Extra day of this Leap Year has certainly provided a big leap to service exporter s joy and delight, as the most contentious and dubious issue of Relevant Date for filing refund claim has been pu .....

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foreign exchange reserves. Accordingly, in order to make the Indian service exporters competitive in international market and to incentivise them, refund of the service tax/excise duty/custom duties (CVD and SAD) paid on procurement of inputs and in .....

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e date from which the time of filing of refund should be considered i.e. the date from which refund can be filed. However, time limit to file the refund claim i.e. Relevant Date has always been a bone of contention ever since the introduction of refu .....

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d be the relevant date in case of export of services viz. Date of issuance of invoice; or Date of receipt of payment; or Date of completion of Services It has always been the case of assessee to consider the relevant date as date of receipt of paymen .....

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denying the claims of assesses on this subject. In order to illustrate the same, we refer to some of the important judgements below: In Bechtel India Pvt. Ltd. V. Commissioner of Service Tax , the Hon ble Delhi CESTAT while applying the provision of .....

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export of service was held to be the date of receipt of payment in foreign convertible exchange. Similar view was held by the Hon ble Mumbai CESTAT in case of CCE versus Eaton Industries P. Ltd. [2010 (12) TMI 71 - CESTAT, MUMBAI] and Clearpoint Lea .....

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limitation will be the date of export of services or date when the invoices are raised and not the date of receipt of payment. Thus, in order to rationalise the tax provisions with key focus on amending ambiguous provisions and provide assesse-frien .....

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-2012) which are as follows. The refund claim has to be filed within one year as per conditions mentioned in below table: Cases Relevant date If provision of service completed before receipt of payment Refund application has to be filed within 1 year .....

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