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of <h1>Tribunal overturns decision on Service Tax refund claim, emphasizes correct service classification</h1> <h3>Ultratech Cement Ltd. Versus CCE Bhavnagar</h3> Ultratech Cement Ltd. Versus CCE Bhavnagar - TMI Issues:Refund claim rejection based on service classification under Notification No.17/2009-ST for export of goods.Analysis:The appeals were filed against the rejection of a refund claim for Service Tax paid on various services related to the export of goods under Notification No.17/2009-ST. The lower authorities rejected parts of the refund claim, stating that the services for the rejected amounts were not provided in relation to the export of goods. The appellant argued that the services were provided under Technical Testing & Analysis service or Customs House Agent's service, supported by invoices. The appellant cited previous decisions to support their claim. The Additional Commissioner supported the lower authorities' findings. The Tribunal noted that the refund claims were rejected solely based on the services not falling under the categories specified in the notification.The Tribunal observed that the service provider had discharged the Service Tax liability under Technical Testing and Analysis service and Customs House Agent's service, as evidenced by certificates and invoices. It emphasized that authorities cannot classify services at the recipient's end. The Tribunal found the rejection of the refund claim based on reclassification of services inconsistent with established legal principles and previous judicial decisions. Citing precedents, the Tribunal held that the lower authorities' decision to reject the refund claim was unsustainable.Therefore, the Tribunal set aside the impugned order rejecting the refund claim and allowed the appeals with consequential relief. The decision highlighted the importance of adhering to legal principles and established precedents in determining the eligibility of refund claims based on service classifications under relevant notifications.
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