Raja Abhishek For NIRC 2024
11 days ago
๐๐๐ฆ๐ง๐๐ง ๐ ๐๐บ๐ฏ๐ฎ๐ถ ๐ฅ๐๐น๐ถ๐ป๐ด ๐ผ๐ป ๐ฅ๐ฒ๐ณ๐๐ป๐ฑ ๐ณ๐ผ๐ฟ ๐๐ ๐ฝ๐ผ๐ฟ๐ ๐ผ๐ณ ๐ฆ๐ฒ๐ฟ๐๐ถ๐ฐ๐ฒ๐ ๐ข ๐ง๐ต๐ฒ ๐ง๐ฟ๐ถ๐ฏ๐๐ป๐ฎ๐น ๐ต๐ฒ๐น๐ฑ: "Export of services must comply with Export of Service Rules to qualify for refund benefits. As the invoice was raised on 30.06.2012, the service was exported within the notification period, making the refund claim valid."
๐ ๐๐ฎ๐ฐ๐๐: ๐๐ฝ๐ฝ๐ฒ๐น๐น๐ฎ๐ป๐: M/s Gartner India Research and Advisory Services P. Ltd. ๐๐๐๐๐ฒ: Whether refund of โน13,77,971/- was rightly rejected due to export proceeds being received after 01.07.2012. ๐๐ฐ๐๐ถ๐๐ถ๐๐: Exported services under Market Research Agency Services, filed for refund under Notification No. 11/2005-ST for the period AprilโJune 2012.
โ๏ธ ๐๐๐ฑ๐ด๐ฒ๐บ๐ฒ๐ป๐: The refund rejection was overturned as the appellant was not notified of the grounds, breaching natural justice. The invoice dated 30.06.2012 confirmed service export within the notification period. The appeal was allowed, and the refund claim was upheld.
๐ ๐๐ฎ๐๐ฒ ๐๐ป๐ณ๐ผ๐ฟ๐บ๐ฎ๐๐ถ๐ผ๐ป: ๐ง๐ถ๐๐น๐ฒ: M/s Gartner India Research and Advisory Services P. Ltd. vs. Commissioner of Central Goods and Service Tax, Mumbai East ๐ฆ๐ฒ๐ฟ๐๐ถ๐ฐ๐ฒ ๐ง๐ฎ๐ ๐๐ฝ๐ฝ๐ฒ๐ฎ๐น ๐ก๐ผ. 87636 of 2018 ๐ข๐ฟ๐ฑ๐ฒ๐ฟ ๐๐ฎ๐๐ฒ: 5 April 2023 ๐ This ruling reinforces that compliance with Export of Service Rules ensures eligibility for refund benefits.
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