TMI Blog2016 (12) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... unts received through intermediate nostro accounts as receipt of payment in Foreign exchange. Accordingly rebate claims under Rule 5 merits sanction since the only reason for rejection is non-receipt of payments in Foreign currency. The issue is no longer res integra as it has been decided in favour of assessee by the Tribunal in the case of M/s Samit Enterprises Pvt. Ltd. Versus CCE & ST (Adj.) , New Delhi, [2016 (6) TMI 831 - CESTAT NEW DELHI], wherein the Tribunal has held that where the commission is paid by the Indian buyers to the appellant as per arrangement with the foreign supplier sending the commission to the appellant, in effect, the commission was paid to the appellant on behalf of the foreign supplier only and can be deemed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ST dated 19.04.2005. The Appellant was served with a notice dated 21.07.2009 and thereafter the Order-In-Original dated 31.08.2010 was passed by the Assistant Commissioner rejecting the rebate claim. Aggrieved by the said Order-In-Original dated 31.08.2010 the Appellant filed an appeal which was disposed by the Impugned Order-In-Appeal dated 07.10.2011 passed by the Commissioner(Appeals) in which all the objections raised in the Order-In-Original were set aside by the Commissioner (Appeals).However, the Commissioner (Appeals) issued a Show Cause Notice dated 17.08.2011 requiring the Appellant to explain why the rebate claim should not be rejected as the consideration has not been received by the Appellant in convertible foreign exchange. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y have not been received in convertible foreign exchange. We find from the records that the Foreign Inward Remittance Certificates (FIRCs) have been issued by the appellant s banks. However, the FIRCs certified the receipt in Indian Rupees equivalent to the Foreign currency. 6. We note that the payment has been received from the foreign customer via Christiania Bank OG, Kreditkasse. The Reserve Bank regulations permit such amounts received through intermediate nostro accounts as receipt of payment in Foreign exchange. Accordingly rebate claims under Rule 5 merits sanction since the only reason for rejection is non-receipt of payments in Foreign currency. 7. We also note that the issue is no longer res integra as it has been decided in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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