Just a moment...

Report
ReportReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Report an Error
Type of Error :
Please tell us about the error :
Min 15 characters0/2000
TMI Blog
Home /

2016 (11) TMI 838

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....R) for the Respondent ORDER [ Order Per Sulekha Beevi, C.S. ] The appellant filed refund claim for the quarter July 2010 to September 2010 on 25.07.2011 for an amount of Rs. 29,12,096/- in respect of service tax paid on various input services in terms of Rule 5 of the CENVAT Credit Rules, 2004 read with Notification No. 5/2006-CE (NT) dated 14.03.2006. A show cause notice was issued proposing r....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... is time barred. He submitted that the adjudicating authority vide order dated 31.08.2010 had appropriated an amount of Rs. 4,03,800/- against the arrears of demand/    liability on the part of the appellant. The Ld. Counsel submitted that the appellant is not challenging the said appropriation in this appeal. The details of input services and rejection of claim as put forward by th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he authorities below have computed the period from the date of the invoice, instead of computing from the date of receipt of payment/foreign exchange. He submitted that when computed from the date of receiving the foreign exchange, the refund claim is within the prescribed time limit. 4. Refuting the above contentions Ld. AR Sh. Nagraj Naik submitted that credit has been rejected for the reason t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gment the co-ordinate bench of the Bombay Tribunal in the case of M/s Reliance Industries Ltd., [2016-TIOL-2392-CESTAT-Mum] has held the above services to be eligible for credit even post 01.04.2011. In view thereof, I hold that the rejection of refund claim on the ground that input services do not have nexus with the output services is against legal principles. 6. The next issue to be addressed ....