Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether refund of accumulated credit under Notification No. 5/2006-CE (NT) was admissible in respect of outdoor catering, insurance, company secretary, management maintenance or repair, and erection, commissioning or installation services used in the course of the assessee's export of software services.
Analysis: For the relevant period, the definition of input services had a wide ambit and included activities relating to business. The services in question were used for canteen facilities mandated by law, insurance of capital goods and employees, compliance-related company secretarial work, upkeep of premises, and installation of equipment. The same or similar services had already been held eligible for credit in the assessee's own case and in other decisions relied upon. On that basis, the rejection of refund was found to be unsustainable.
Conclusion: The refund was held admissible and the disallowance was set aside in favour of the assessee.
Ratio Decidendi: For the period when input services were defined broadly to include activities relating to business, services integrally connected with the business operations and compliance needs of an exporter qualify for credit and consequential refund under the refund notification.