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AMRL Hitech City Ltd. Versus Commissioner of Central Excise & ST Tirunelveli

2016 (3) TMI 673 - CESTAT CHENNAI

Eligibility of refund claim on input services viz. Company Secretary Service, Chartered Accountant Service, Security Service, Legal Consultancy services etc - Rule 5 read with Notification No.12/2013 dt. 1.7.2013 - Appellant registered as Multi Product Special Economic Zone (MPSEZ)claimed refund of service tax on Company Secretary Service, Chartered Accountant Service, Security Service, Legal Consultancy services etc. used towards authorized operation of SEZ - Held that:- as regards legal servic .....

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hat amount has been paid in connection with Appeal Suit which was related to Madurai Land Land Acquisition matters pending before Madurai Bench of the Hon’ble Madras High Court. From the challan dt. 29.3.2014, it is seen that the appellant have remitted the service tax under reverse charge under the services of legal consultancy service. Bills and remittances of service tax clearly confirms that appellant being a developer of AMRL Hi-Tech City has to fight legal case. Since the case relates to l .....

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d:- 17-3-2016 - SHRI R. PERIASAMI, TECHNICAL MEMBER For the Petitioner : Shri P.C.Anand, Consultant For the Respondent : Shri L. Paneerselvam, AC (AR) ORDER The appeal is filed against the impugned order dt.23.12.2014 passed by Commissioner of Central Excise (Appeals), Madurai. 2. The issue relates to partial rejection of refund claim on inputs services under Rule 5 read with Notification No.12/2013 dt. 1.7.2013. The appellant is registered as Multi Product Special Economic Zone (MPSEZ) as a dev .....

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ecretary Service, Chartered Accountant Service, Security Service, Legal Consultancy services etc. The adjudicating authority in his order sanctioned the refund claim of ₹ 71,69,349/- but rejected the refund of ₹ 18,13,434/- on the ground that no evidence was available supporting that these services were used towards authorized operation of SEZ. On appeal, the Commissioner (Appeals) upheld the order. 3. Ld. Consultant submits that eligibility of refund under Notification No.12/2003 an .....

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mpany Secretary Service and under GTA service. He submits that as a developer of 2520 acres, the land was to be developed as a SEZ but it went into litigation and the appellant had associated as a developer with TIDCO as joint venture and they had to pay legal fees for that litigation i.e. Appeal Suit filed before the Madurai Bench of Hon ble High Court of Madras. The legal fees were paid to various advocates, Additional Solicitor General. He submits that all these expenses incurred as a part of .....

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Z, Special Economic Zone, Chennai vide LOA No.F.2 (2)/2/2007 EP dt. 23.5.2007. On perusal of the Development Commissioners letter dt. 13.12.2003 wherein the unit of Approval committee has approved the list of specified services for claiming the benefit under Notification 12/2013. On perusal of the list of services which contained 47 services (annexed at pages 53, 54 of the paper book) vide Sl.No.7, 11, 21, 22, 26 & 32 which relates to approval list of specified services viz. Chartered Accou .....

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On perusal of various bills, and invoice submitted before the Bench, I find that there is Invoice dt.3.12.2013 issued by SGP & Associates-Company Secretaries towards Retainer-ship fee and another Invoice dt. 31.10.2013 issued by akasam & associates, for conducting the statutory audit of the Financial Year 2012-13. both raised on AMRL Hitech City Ltd. Similarly, GTA for transport of goods service has been paid and the appellants have used the services as a developer. Therefore, they are e .....

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