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Speedy disbursal of pending refund claims of exporters of services under rule 5 of the CENVAT Credit Rules, 2004

Service Tax - 195/05/2016 - Dated:- 15-6-2016 - Circular No. 195/05/2016-Service Tax F. No. 137/62/2015-Service Tax Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs Service Tax Wing New Delhi, dated 15th June, 2016 To All Principal Chief Commissioners of Central Excise All Chief Commissioners of Central Excise/Service Tax Principal Directors General of Goods & Services Tax/Systems/Central Excise Intelligence Director General of Audit/Tax Pay .....

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accounting bodies, industry associations and others, the following points are clarified. 2.0 Applicability of the scheme 2.1 At the outset it is reiterated that this scheme is not a substitute for the various notifications but is meant to complement them and is aimed at enabling ease of doing business. It has to operate within the general parameters of the notifications governing such refunds. 2.2 This scheme is applicable only to service tax registrants who are exporters of services, with resp .....

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is not a substitute for verification by the refund sanctioning authority. It will ensure diligence on the part of the claimant and the statutory auditor, which will make him eligible for a provisional payment of 80% of the claimed amount. It had been clarified in the circular that the decision to grant provisional payment is an administrative order and not a quasi-judicial order and should not be subjected to review. There is thus no reason to treat either the certificate or the provisional pay .....

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ished by a Chartered Accountant who is not the statutory auditor. 3.3 The certificate has to be given in the format given in Annexure-1 to the circular dated 10-11-2015. During the conference of Service Tax Chief Commissioners and Commissioners in November 2015 itself, it had been clarified that "the averments in Annexure-1 have to be made and any general additional remarks, which do not negate the wording of paragraphs 1.1 to 1.4, may be ignored." Inspite of this it has been reported .....

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