2022 (6) TMI 615 - AT - Service Tax

Tribunal Remands Matter for Verification of Export Proceeds Dates

M/s. Vestas Technology R&D Chennai Private Ltd. Versus Commissioner of GST & CE, Chennai

M/s. Vestas Technology R&D Chennai Private Ltd. Versus Commissioner of GST & CE, Chennai - TMI Issues:1. Refund claims filed beyond one year of date of invoice.2. Interpretation of relevant date for export of services.3. Applicability of Section 11B for export of services.Issue 1: Refund claims filed beyond one year of date of invoiceThe appellants, engaged in export of services, filed quarterly refund claims under Rule 5 of Cenvat Credit Rules, 2004. The department contended that the refund claims for the period April 2012 to December 2013 exceeded the one-year limitation from the date of invoice. The original authority and appellate authority upheld the rejection of the refund claims citing previous judgments. The consultant for the appellants argued that the limitation should be reckoned from the end of the quarter when export proceeds were realized, citing relevant cases.Issue 2: Interpretation of relevant date for export of servicesThe consultant for the appellants referred to Notification No.27/2012-CE (NT) dated 18.06.2012, stating that the relevant date for export of services was prescribed therein. He argued that this notification had retrospective effect based on a High Court ruling. He emphasized that beneficial notifications should be construed liberally, and substantial benefits should not be denied due to procedural conditions. He contended that Section 11B was not applicable for export of services, citing relevant cases.Issue 3: Applicability of Section 11B for export of servicesThe Tribunal, after considering various judgments and the appellants' submissions, found that the issue of limitation stood settled in favor of the appellants based on a Larger Bench decision. The Tribunal highlighted the necessity to interpret provisions constructively to facilitate the objective of granting refunds of unutilized Cenvat credit. The Tribunal concluded that the matter should be remitted to the original authority for verification of the relevant dates of realization of export proceeds and filing of refund claims, in line with the principle laid down by the Larger Bench. The appeals were allowed by way of remand to the original authority for further verification and disposal of claims within a specified timeframe.This comprehensive analysis of the judgment addresses the issues involved, the arguments presented by both parties, and the Tribunal's decision based on legal interpretations and precedents cited during the proceedings.