Raja Abhishek For NIRC 2024
about 1 month ago
ššš¦š§šš§ ššµšŗš²š±š®šÆš®š± š„šš¹š¶š»š“ š¼š» šš š½š¼šæš š¦š²šæšš¶š°š²š š®š»š± š„š²š³šš»š± šš¹š®š¶šŗš š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: "Services consumed outside India are not taxable. Any amount deposited in such cases is not service tax and is refundable."
š šš®š°šš: šš¼šŗš½š®š»š: Aegis Limited ššššš²: Whether the refund rejection due to non-fulfillment of convertible foreign exchange requirements was justified. šš°šš¶šš¶šš: The appellant provided consulting engineering services to M/s Minnesota Steel Industries, USA, which were consumed outside India.
āļø ššš±š“š²šŗš²š»š: The Tribunal ruled that services provided and consumed outside India are non-taxable under the Finance Act, 1994. Refund claims cannot be rejected as premature due to pending foreign exchange receipts. Deposited amounts, not considered service tax, must be refunded. The appeal was allowed, and the refund was sanctioned.
šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: Aegis Limited vs. Commissioner of Central Excise & ST, Surat-I š¦šš„š©ššš š§šš« šš½š½š²š®š¹ š”š¼. 13528 of 2013-DB š¢šæš±š²šæ šš®šš²: 09 June 2023 š This ruling reinforces that export services consumed outside India are non-taxable and refunds cannot be denied on procedural grounds like pending foreign exchange receipts.
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