Raja Abhishek For NIRC 2024
12 days ago
ššš¦š§šš§ ššµšŗš²š±š®šÆš®š± š„šš¹š¶š»š“ š¼š» š¦š®š¹š²š š£šæš¼šŗš¼šš¶š¼š» š¦š²šæšš¶š°š²š š®š»š± šš š½š¼šæš š¢š³ š¦š²šæšš¶š°š²š š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: "Sales promotion and marketing services provided to recipients outside India qualify as export under the Export of Service Rules. Exemption cannot be denied for procedural lapses."
š šš®š°šš: šš¼šŗš½š®š»š: Solvay Specialities India Pvt. Limited ššššš²: Whether the services qualify as export under the Export of Service Rules? šš°šš¶šš¶šš: The appellant provided sales promotion and marketing services to foreign clients and claimed exemption under Notification No. 18/2009-ST, which was denied by the department due to procedural lapses in documentation.
āļø ššš±š“š²šŗš²š»š: The Tribunal ruled that services provided to foreign clients qualify as export under Rule 3(1) of the Export of Service Rules. Exemption under Notification No. 18/2009-ST cannot be denied due to minor procedural lapses. Penalties were set aside due to the absence of malafide intent, and the appeal was allowed.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: Solvay Specialities India Pvt. Limited vs. Commissioner of Central Excise & ST, Surat-II š¦šš„š©ššš š§šš« šš½š½š²š®š¹ š”š¼. 10321 of 2013-DB š¢šæš±š²šæ šš®šš²: 20 April 2023 š This ruling reinforces that minor procedural lapses do not disqualify legitimate export services from exemption benefits.
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