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The appellant filed a refund claim for differential service tax paid on ocean freight during May 2017 and June 2017. The refund claim was rejected based on CBEC Circular No. 206/4/2017, which stated that the exemption benefit would not be available where services are rendered by a foreign shipping line not registered in India and not following the Cenvat Credit Rules, 2004. However, the CESTAT dismissed the revenue's appeal, upholding the order allowing the refund claim. The CESTAT relied on judicial precedents which held that no tax is leviable on ocean freight for services provided by a person located in a non-taxable territory for transportation of goods on a vessel from a place outside India up to the Customs station of clearance in India. The CESTAT found no grounds to interfere with the Commissioner (Appeals) order allowing the refund claim.
The appellant filed a refund claim for differential service tax paid on ocean freight during May 2017 and June 2017. The refund claim was rejected based on CBEC Circular No. 206/4/2017, which stated that the exemption benefit would not be available where services are rendered by a foreign shipping line not registered in India and not following the Cenvat Credit Rules, 2004. However, the CESTAT dismissed the revenue's appeal, upholding the order allowing the refund claim. The CESTAT relied on judicial precedents which held that no tax is leviable on ocean freight for services provided by a person located in a non-taxable territory for transportation of goods on a vessel from a place outside India up to the Customs station of clearance in India. The CESTAT found no grounds to interfere with the Commissioner (Appeals) order allowing the refund claim.
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