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of <h1>Government Upholds Commissioner's Decision on Export Rebate Claim</h1> <h3>IN RE : AVIGO CAPITAL PARTNERS PVT. LTD.</h3> IN RE : AVIGO CAPITAL PARTNERS PVT. LTD. - 2018 (364) E.L.T. 1174 (G. O. I.) Issues:1. Claim of rebate for export of services rejected due to non-receipt of foreign exchange and time limitation.2. Applicant's grounds for Revision Application based on receipt of convertible foreign exchange and non-applicability of Section 11B of Central Excise Act.Analysis:1. The applicant filed a rebate claim for export of services, which was rejected by the original adjudicating authority citing non-receipt of foreign exchange against the export of services and time limitation under Section 11B of the Central Excise Act. The Commissioner (Appeals) upheld the rejection. The applicant's Revision Application argued that convertible foreign exchange was indeed received in India, supported by the process involving a foreign bank and conversion to INR. However, the Government found that the payment for the exported service was received in Indian currency only, not in foreign currency, as per Rule 3(2)(b) of Export of Services Rules, 2005. The claim was deemed without basis, and the case laws cited were considered irrelevant as they did not support the applicant's position on foreign currency payment receipt.2. Regarding the rejection based on time limitation for the rebate claim of a specific amount, the applicant contended that Section 11B of the Central Excise Act did not apply to Rule 5 of Export of Services Rules and Notification No. 11/2005-S.T. However, it was clarified that Section 11B was applicable by virtue of Section 83 of the Finance Act, imposing a one-year time limit. The lower authorities were justified in deeming the claim time-barred. The decisions cited by the applicant were deemed inapplicable as they did not address the specific application of time limitation under Section 11B for Service Tax rebates under the Finance Act.In conclusion, the Government upheld the Commissioner (Appeals) decision, rejecting the Revision Application as no fault was found in the original order. The rejection was based on the non-receipt of foreign exchange as required by the Export of Services Rules and the applicability of the time limitation under Section 11B of the Central Excise Act for the rebate claim.
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