service tax refund under notification 41/2012

[pradip patwardhan]

Dear Experts,

Good Evening !

 

Sir, We are paying Commission to our Agent for getting export order and they charge service tax on their bill value. Question is that, as an Exporter of fish (Non-Excisable goods) can we claim refund of the said service tax paid amount under notification no. 41/2012 as there is no specific services mentioned in the said notification.  Kindly reply.

 

Thanks & Regards,

Pradip Patwardhan

AI Summary

Refund Denied for Service Tax on Commissions for Non-Excisable Exported Goods Under Notification 41/2012; Duty Drawback Impacts Eligibility. An individual inquired about claiming a service tax refund under Notification 41/2012 for service tax paid on commissions to agents for export orders. The query focused on whether such a refund is possible for non-excisable goods, like exported fish. The response clarified that the rebate is admissible for specified services used beyond the place of removal for excisable goods. However, as the goods in question are non-excisable and the service used is before export, a refund claim is not feasible. Additionally, exporters benefiting from duty drawback cannot claim the rebate under this notification.