TMI Blog2018 (2) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... xchange - appeal dismissed - decided against Revenue. - ST/87452 & 87453/17 - A/85150-85151/18 - Dated:- 29-1-2018 - Shri Ramesh Nair, Member ( Judicial ) And Shri Raju, Member ( Technical ) Shri M. K. Sarangi, Jt. Commissioner (AR) for Appellant Shri R. Kumaravel, Cost Accountant Shri Prasad Paranjape, Advocate for Respondent ORDER Per: Ramesh Nair The issue involved in this case is whether the time period for filing refund under Rule 5 i.e. one year from the date of invoice or from the receipt of convertible foreign exchange against the export of service. 2. Shri M.K. Sarangi, learned Jt. Commissioner (AR) appearing on behalf of the Revenue submits that the learned Commissioner (Appeals) has allowed the refund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt submits that the learned Commissioner (Appeals) is right in holding that the relevant date for the purpose of computing the limitation period for grant of refund under Rule 5 of CENVAT Credit Rules, 2004 read with Notification No. 27/2012-CE (NT) dated 18.6.2012 should be the date of realization of consideration towards export of service. He further submits that the relevant notification No. 27/12-CE (NT) dated 18.6.2012 in which clause (3)(d) suggests that the applicant should file refund claim along with Bank realization certificate in respect of export of service. That means refund can be filed only after the realization of the consideration. As per Rule 6A of Service Tax Rules, 1994, export of service means when inter alia the paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e by both sides and perused the records. We find that in both the cases, the period involved is after 1.7.2012. Prior to 1.7.2012, the definition of export of service under Rule 5 was as under: - export service means the service which is provided as per provision of Export of Service Rules, 2005 whether the payment is received or not. However, from 1.7.2012, the aforesaid definition of export service under Rule 5 was amended. The amended definition reads as under: - export service means the service which is provided as per Rule 6A of the Service Tax Rules, 1994. Since all the relevant claims are pertaining to the period after 1.7.2012 only the amended definition of export service is applicable. Rule 6A of Service Tax R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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