TMI Blog2018 (6) TMI 797X X X X Extracts X X X X X X X X Extracts X X X X ..... well within the prescribed time as provided under Section 11B of the Central Excise Act - refund allowed. Refund claim - export of services - input services - general insurance services - real estate agent’s services - stock broker services - online information and data access or retrieved services - club or association services - sponsorship services - nexus with export of services - Held that:- All the services disputed by the Commissioner (Appeals) are admissible input services, hence the credit is available. The adjudicating authority, without issuance of SCN as regards the admissibility of the input service, rejected the refund which is not permissible, but the Revenue is of the view that the credit is not admissible. The first s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Commissioner (Appeals), this Tribunal and court have taken consistent view that all these services are admissible input services. Therefore, the refund should be allowed. He also submits that there is no show cause notice issued for disallowance of the cenvat credit in terms of Rule 14 of the Cenvat Credit Rules, 2004. While processing the refund claim, the Revenue cannot hold that some services are not covered under the definition of input service. In this regard, he placed reliance on the following judgments:- (i) Hydus Technologies India Pvt. Ltd. vs. CCE, Hyderabad 2017-TIOL-1189-CESTAT-HYD; (ii) LG Electronics India Pvt. Ltd. vs. CCE ST, Noida 2016 (44) STR 97 (Tri.-All.); (iii) Willis Processing Services (India) Pv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the issue involved is the period of one year from the relevant date for filing refund under Rule 5. As per the Larger Bench decision in the case of Span Infotech (India) Pvt. Ltd. (supra), it was held that in case of refund under Rule 5, the relevant date is the end of the quarter wherein the FIRC is received. In the facts of the present case, the refund for the period October 2012 to December 2012, the refund was submitted on 30.9.2013, which shows that the refund was filed within one year from the end of the quarter. Therefore, it is well within the prescribed time as provided under Section 11B of the Central Excise Act. Therefore, there is no substance in the Revenue s appeal. Hence the Revenue s appeal is dismissed. 6. As regards the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ck broker services, on perusal of the invoices I find that it is a service related to valuation of the shares of the company. This valuation of the shares is for the purpose of assessing the overall work of the company which is required for the purpose of business of investment banking. This issue is covered by the judgment of the Tribunal in the case of D.E. Shaw India Pvt. Ltd. (supra) and Willis Processing Services (India) Pvt. Ltd. (supra). Therefore, this service is directly used in providing the output service. As regards the online information and data access or retrieved services, from the invoice it is observed that this service is for subscription of website which is used for conducting their business. Therefore, it is directly us ..... X X X X Extracts X X X X X X X X Extracts X X X X
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