CESTAT allowed the appellant's appeal against remand order...

CESTAT allowed the appellant's appeal against remand order denying Swachh Bharat Cess rebate under N/N. 39/2012-ST for exported services. The Tribunal held that SBC is not part of CENVAT Credit under CENVAT Credit Rules, citing Delhi HC precedent. Original authority had already established compliance with notification conditions including service export, duty payment, and non-availment of CENVAT Credit on SBC component. Appellant's services were classified as Business Auxiliary and Business Support Services, not intermediary services, based on prior CESTAT decision in appellant's own case. Limitation period was satisfied as rebate application was filed within prescribed timeframe from quarter-end when FIRC was received. Commissioner (Appeals) erred in remanding matter without justification despite original authority's proper examination based on documentary evidence. Appeal allowed, remand order set aside.

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