9911796707
TMI Blog2023 (8) TMI 1217X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Single Bench had declined to grant any interim order and directed the respondents to file affidavit-in-opposition. Aggrieved by the same, the appellant has preferred this appeal. 2. With the consent of the learned advocates for the parties, this appeal is taken up along with the writ petition for hearing and disposal. 3. The appellant had challenged the order dated 19.08.2022 passed by the first respondent by which the application filed by the appellant for refund was rejected. The first respondent by the said order defined "Export of Services" as defined under Section 2(6) of IGST Act, 2017. From the application filed by the appellant we find that the importer had sent remittance through an agency (WISE US Inc.) located outside I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resident in INR through an exchange house situated outside India having its account with an authorized dealer, then such remittance shall be deemed to be received in foreign currency. The appellant's case is that the exchange house, namely, WISE US Inc., through its VOSTRO account with HDFC Bank Limited, which is an authorized category-I dealer under FEMA Act, 1999 has converted the remittances received in US Dollars to India Rupees and transferred the same to the bank account of the appellant and, therefore, the appellant submits that the remittance clarifies the conditions prescribed in regulation 4(2) of Foreign Exchange Regulation 2015 and the remittance shall be deemed to have been received in foreign currency. The appellant also plac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... foreign exchange as provided in the Export of Service Rules 2005. Since these issues have not been thoroughly adjudicated either by the Adjudicating Authority, namely the 1st respondent or by the Appellate Authority, we deem it appropriate that the matter should be remanded back to the first respondent to consider all the issues in a holistic manner and take note of the ratio decidendi which can be culled out in various decisions which have been relied by the appellant, more particularly the decisions which were rendered during the service tax regime. 5. For such reasons, the appeal along with the connected application and the writ petition are all stand allowed and the orders passed by the 1st respondent and the second respondent are set ..... X X X X Extracts X X X X X X X X Extracts X X X X
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