Raja Abhishek For NIRC 2024
2 months ago
ššš¦š§šš§ ššµš²š»š»š®š¶ š„šš¹š¶š»š“ š¼š» š„š²š³šš»š± šš¼šŗš½ššš®šš¶š¼š» š³š¼šæ šš š½š¼šæšš²š± š¦š²šæšš¶š°š²š š¢ The Tribunal held: "For export service refunds, the relevant date for the one-year period is the date of foreign exchange realization, not the invoice date."
š šš®š°šš: šš¼šŗš½š®š»š: M/s. Verizon Data Services India Pvt. Ltd. ššššš²: The Tribunal examined if refund computation should use the foreign exchange realization date and assessed the department's input credit application and service rejection.
šš°šš¶šš¶šš: The respondent filed refund claims for input service tax credits related to the export of services under Rule 5 of the CENVAT Credit Rules, 2004. Partial refund was granted, with rejections prompting appeals from both the respondent and the department.
āļø ššš±š“š²šŗš²š»š: The Tribunal ruled that refund eligibility for exported services is based on the foreign exchange realization date, not the invoice date. Domestic turnover should exclude Manpower Recruitment services. Refund calculations must consider total input credit without prior deductions, and quarterly claims remove the need for direct credit-export alignment. Remanded for recalculations.
šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: Commissioner of GST and Central Excise vs. M/s. Verizon Data Services India Pvt. Ltd. š¦š²šæšš¶š°š² š§š®š šš½š½š²š®š¹ š”š¼. 41895 of 2014 š¢šæš±š²šæ šš®šš²: 22 September 2023 š This ruling clarifies refund eligibility based on foreign exchange realization and proper input credit formula application.
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