Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/Case Laws/2012-13/1548

Whether refund of Port services is admissible when said service is received and used by exporter prior to period of exports?

Case:- M/s Hind Aluminium Industries Ltd. Vs. Commr. Of Service Tax, Mumbai-II

 

Citation:- 2013-TIOL-615-CESTAT-MUM

 

Brief Facts:- The appellant filed a refund claim under the Notification NO. 41/2007 dated 6.10.2007 in respect of Service Tax paid by them for Port services utilized for export of the goods during period April 2008 to June 2008. The refund claim was rejected by the Assistant Commissioner on the ground that as Port services were availed prior to period ending September 2008, refund is not admissible considering the date of filing of the refund claim which is on 18.3.2009. The appellants filed and appeal before the Commissioner of Central Excise (Appeals), who vide the impugned order rejected their appeal. Thereafter appellant filed preferred appeal before Tribunal against order of Commissioner (Appeals)

 

Appellant’s contention:- The Appellant have requested the Tribunal to decide their appeal after due consideration of detailed grounds of appeal mentioned by them in the appeal memorandum. The appellants submitted that under Notification No. 41/2007 refund claim should be filed within a period of six months from the date of exports and there is no condition that refund shall be available only in respect of input services availed within six months prior to the date of exports. It is submitted by the appellant that they were denied the refund claim filed on 18.3.2009 in respect of exports made on 3 rd December 2008 and refund claim is therefore within time limit and accordingly the appellants are eligible for the refund applied by them.

 
 

Respondent’s Contention:- The Respondent reiterated the findings of the lower authorities.

 
 

Reasoning of Judgment:- The Tribunal heard both the parties and find that the appellants have claimed the refund of service tax paid on Port services which were said to have been received and used for export of the goods during the period July 2008 to December 2008. It has been held by both the lower authorities that the port services were availed prior to the quarter ending September 2008 and refund is not admissible considering the date of filing of said claim on 18.3.2009. The Tribunal also finds that the Port Services are taxable services as defined in Section 65(105)(zn) of the finance Act, 1944 as amended and the said service is notified at Serial No. 2 of the Schedule in the Notification 41/2007. Description in column 3 shows as “services provided for export of said goods” and there is no other condition attached in respect of the Port services”. Tribunal also finds that Clause (a) of the Notification reads as under:-

 
 

“The exemption shall be claimed by the exporter of the goods for the specified services received and used by the exporter for export of the said goods.”

 
 

This is a fact that the Port services in respect of which refund is claimed were availed prior to quarter September 2008. Tribunal finds that the refund of Port services is admissible when said service is received and used by the exporter for the export of said goods. Since the goods in question were exported during the period July 2008 to December 2008, the Port services availed prior to July 2008 cannot be treated as used for export of the goods exported from, July to December 2008. Accordingly, Tribunal find that lower authorities have rightly denied the refund in respect of the Port services availed prior to July 2008. Therefore, Tribunal uphold the Order-in-Appeal and reject the appeal of the appellant.

 
 

Decision:- Appeal rejected

 

Comment:- The substance of this case is that the refund of Port services is admissible when said service is received and used by the exporter for the export of said goods. Since the goods in question were exported during the period July 2008 to December 2008, the Port services availed prior to July 2008 cannot be treated as used for export of the goods exported from, July to December 2008. Hence Tribunal rejected the appeal of the appellant.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com