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TMI Blog2018 (3) TMI 999X X X X Extracts X X X X X X X X Extracts X X X X ..... are India Pvt. Ltd". After going through the miscellaneous petitions, the same is allowed and the cause title is ordered to be changed. 2. With concurrence of both sides, the appeals are taken up for a decision on merit. 3. The appellant has filed 9 appeals covering various periods from January 2009 to June 2011. The appellants are registered for providing taxable service under the category of 'Information Technology and Software Services'. They filed refund claims for different periods in terms of Notification No.5/2006-CE (NT) dated 14.3.2006 being unutilized CENVAT credit of service tax availed in respect of certain services which were used in providing the output service. Such refunds were claimed in terms of Rule 5 of CENVAT Credit Rules, 2004. The refund claims were rejected by both the authorities below for the reason that the condition that the payment for export service is to be received by the service provider in convertible foreign exchange was not satisfied. Aggrieved by the rejection of refund claims, the present set of appeals have been filed, which are being disposed of by this common order. 4. With the above background, we heard Mr. Sahilendra Sukhlecha, learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and mentioned in the FIRCs are other than non-convertible foreign exchange. In other words, the payment is in convertible foreign exchange. I have gone through the Notification No.FEMA 9/2000-RB, dated 3rd May, 2000, the relevant para No.4 of the said Notification is reproduced below : "4. Manner of Repatriation. - (1) On realisation of foreign exchange due, a person shall repatriate the same to India, namely bring into, or receive in, India and- (a) sell it to an authorised person in India in exchange for rupees; or (b) retain or hold it in account with an authorised dealer in India to the extent specified by the Reserve Bank; or (c) use it for discharge of a debt or liability denominated in foreign exchange to the extent and in the manner specified by the Reserve Bank. (2) A person shall be deemed to have repatriated the realised foreign exchange to India when he receives in India payment in rupees from the account of a bank or an exchange house situated in any country outside India, maintained with an authorised dealer." From the sub-Para (2) of Para 4 above it is very clear that, when a person receives in India payment in rupees from the account of a bank situate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the Indian rupees was received through the account of Deutsche Bank which is situated in foreign country. Therefore, in terms of Regulation 3 made under Section 47 of the Foreign Exchange Management Act, 1999, in the present case the foreign remittance in Indian rupees through Deutsche Bank is the receipt of payment in convertible foreign exchange. 8. I have gone through the Hon'ble Supreme Court's judgment in the case of J.B. Boda and Company (supra) wherein it was held that : "12. The facts brought out in this case, are clear as to how the remittance to the foreign reinsurance company is made through the Reserve Bank of India in conformity with the agreement between the appellant and the foreign reinsurer, and that the remittance that the amount due to the foreign reinsurers as also the brokerage due to the appellant and the balance due to the foreign reinsurer is remitted (and expressed so) in dollars. It is common ground that the entire transaction effected through the media of the Reserve Bank of India is expressed in foreign exchange and in effect the retention of the fee due to the appellant is dollars for the services rendered. This, according to us, is receipt of in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aving of foreign exchange and if the said Indian rupees is received in India, the same is in lieu of foreign exchange which was saved at the time of repatriation of Indian rupees to foreign country. On this logic under the Foreign Exchange Management Act also it provided that if the payment in India rupees is received in India through banking channel it is deemed to be convertible foreign exchange". 8. The ratio as mentioned in the above decision has been followed in various other decisions of the Tribunal. A reference can be made to BNY Mellon International Operations (I) Pvt. Ltd. vs. CCE, Pune - III - 2016 - TIOL - 2828 - CESTAT - MUM., CST, Mumbai vs. M/s PMI Organisation Centre Pvt. Ltd. - 2015 - TIOL - 2570 - CESTAT - MUM., AGM India Advisors Pvt. Ltd. vs. CST, Bangalore - 2015 - TIOL - 4035 - CESTAT - MUM., Mount Kellett Management (I) Pvt. Ltd. vs. CST, Mumbai - I - 2015 (40) S.T.R. 165 (Tri. - Mumbai), Perk Com Software P. Ltd. vs. CST, Bangalore - 2017 - TIOL - 4035 - CESTAT - BANG. 9. We also note that in the guide to authorized dealers for compilation of the all returns, Reserve Bank of India stipulated method to be followed by the authorized dealers in reporting th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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