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TMI Blog2019 (11) TMI 1459X X X X Extracts X X X X X X X X Extracts X X X X ..... horized Representative for the Respondent ORDER PER: S.K. MOHANTY These appeals are directed against the impugned order dated 30.08.2018 passed by the Commissioner of Central Tax (Appeals-I), Mumbai. 2. Briefly stated, the facts of the case are that the appellant is engaged in providing taxable services under the category of "banking and other financial services", defined under Section 65 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es Rules, 2005. 3. The learned Advocate appearing for the appellant submits that the clarification furnished by the CBEC in the circular dated 13.05.2011 would not be applicable to the facts of the present case, because the period of dispute involved was prior to March 2010 and the case of the appellant is squarely covered by the Circular dated 24.02.2009 issued by CBEC from F.No.137/307/2007-Cx. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs recorded in the impugned order. 5. Heard both sides and perused the records. 6. It is an admitted fact on record that the appellant had provided the services to the overseas entities as per the contractual norms and consideration for such services was received in convertible foreign exchange. However, upon receipt of such services from the appellant, the service recipient located abroad had p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it of the service should accrue outside India. Thus, for Category III services [Rule 3(1)(iii)], it is possible that export of service may take place even when all the relevant activities take place in India so long as the benefits of these services accrue outside India." 7. Further, I also find that identical case has also been decided by the Tribunal in the cases (supra) relied upon by the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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