Abhishek Raja "Ram"

@abhishekrajaram

8 months ago

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š—¦š—˜š—¦š—§š—”š—§ š— š˜‚š—ŗš—Æš—®š—¶ š—„š˜‚š—¹š—¶š—»š—“ š—¼š—» š—„š—²š—³š˜‚š—»š—± š—³š—¼š—æ š—˜š˜…š—½š—¼š—æš˜ š—¦š—²š—æš˜ƒš—¶š—°š—²š˜€ šŸ“¢ š—§š—µš—² š—§š—æš—¶š—Æš˜‚š—»š—®š—¹ š—µš—²š—¹š—±: "Refund towards export of services cannot be denied on the ground that there is no nexus between the input service and the export of service."

šŸ” š—™š—®š—°š˜š˜€: š—–š—¼š—ŗš—½š—®š—»š˜†: M/s Sequoia Capital India Advisors Pvt. Ltd. š—œš˜€š˜€š˜‚š—²: Whether the refund claims for export of services can be rejected due to lack of nexus between input services and output services. š—”š—°š˜š—¶š˜ƒš—¶š˜š˜†: The appellant's refund claims for export services were partly rejected due to lack of nexus between input and exported services.

āš–ļø š—š˜‚š—±š—“š—²š—ŗš—²š—»š˜: The Tribunal cited the BNP Paribas India Solution Pvt. Ltd. case, ruling that refunds under Rule 5 cannot be denied due to lack of nexus between input and output services. Further, since Rule 14 of the Cenvat Credit Rules was not complied with, the refund claims could not be denied. The appeal was allowed and the order was set aside.

šŸ“œ š—–š—®š˜€š—² š—œš—»š—³š—¼š—æš—ŗš—®š˜š—¶š—¼š—»: š—§š—¶š˜š—¹š—²: M/s Sequoia Capital India Advisors Pvt. Ltd. vs. Commissioner of CGST & C. Ex. š—¢š—æš—±š—²š—æ š——š—®š˜š—²: 01 December 2022 šŸ“œ This ruling confirms that refund claims for exported services cannot be denied solely due to lack of nexus between input services and output services.

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