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TMI Blog2018 (3) TMI 509X X X X Extracts X X X X X X X X Extracts X X X X ..... in Motion Singapore Pte. Ltd. (RIM, Singapore), in connection with the products and services for the period October, 2005 to February, 2010. The assessee-Appellants received consideration pursuant to the Service Agreement with RIM, Singapore. The Revenue considered the said receipt as a taxable amount for promotion and marketing of products and services of the client under the category of 'Business Auxiliary Service' in terms of Section 65(19) of the Finance Act, 1994. Further, the assessee-Appellants availed Cenvat Credit of various input services. Certain credits availed during the period 2006-07 and 2008-09 were sought to be denied on the ground that certain premises were not registered with the Department thereby making those input ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deration for such services. He also relied upon the decision of the Hon'ble Delhi High Court in the case of Verizon Communication India Pvt. Ltd. vs Asstt. Commissioner of Service Tax, Delhi-III, 2017-TIOL-1863-HC-DEL-ST, and the decision of the Tribunal in the case of Microsoft Corporation (I)(P) Ltd. vs CST, New Delhi, 2014 (36) STR 766 (T-Del.). In fact, the impugned order relied upon the interim order of the Tribunal in the case of Microsoft Corporation (I)(P) Ltd. (supra), which was not sustained in the final order; (ii) Regarding receipt of foreign exchange for such exported services, it is submitted that they have received foreign exchange through the bank and drawn the money in Indian rupee in India as no Indian rupee can be trans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue. The Hon'ble High Court has held that, the amendment in Section 67 is not retrospective and as per Rule 6, it is the date when the amount is credited/debited is relevant and not the fact that the amount remains in the books. 5. The learned DR for the Revenue supported the findings of the original authority. He submits that the assessee-Appellants did not bring in detail the actual transfer of foreign exchange from Singapore bank to the bank of assessee-Appellants in India. Further, he submits that the receipt of consideration in convertible foreign exchange is a pre-condition to consider any service as exported out of India. In the present case, such condition should be made applicable for all the period under dispute. 6. After hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en the associate companies. Such provision was brought in under Section 67 w.e.f 10.05.2008. Examining the similar dispute for delayed payment of interest, the Hon'ble Delhi High Court in the case of McDONALDS India Pvt. Ltd. (supra) has held that the provisions were prospective in application and cannot apply to the book adjustments already made prior to the said amendment. That being the case, we find that no interest liability can be accrue on the entry already made as debit or credit, but available in the books on the date of amendment. Accordingly, the impugned order is not sustainable on this count. 9. We also note that in pursuant to the very same agreement, the assessee-Appellants' claimed the refund under Rule 5 of the Cenvat Cred ..... X X X X Extracts X X X X X X X X Extracts X X X X
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