SEZ service tax refunds cover payments outside the claim quarter, and limitation cannot begin before distributed amounts become claimable.
SEZ service tax refunds are not restricted to tax paid within the claim quarter, although Notification No. 12/2013-ST permits only one claim per quarter. Amounts distributed by an input service distributor become claimable by the SEZ unit on distribution, and limitation cannot begin before they become claimable. Reverse-charge payments are treated on the same footing. Notification conditions cannot curtail SEZ exemptions by imposing requirements beyond those prescribed by SEZ law. Refunds for approved services used for authorised operations cannot be denied for lack of approval or Form A-1, which Rule 22 does not prescribe as an exemption condition.
Issues: (i) Whether refund of Rs. 1,23,35,198 could be denied because the tax was not paid during the claim quarter; (ii) Whether refund of Rs. 3,25,779 could be denied for want of service approval or Form A-1; (iii) Whether the refund of Rs. 48,82,536 was barred by limitation.
Issue (i): Whether refund of Rs. 1,23,35,198 could be denied because the tax was not paid during the claim quarter.
Analysis: Notification No. 12/2013-ST permits only one refund claim per quarter but does not restrict that claim to tax paid in the same quarter. Amounts distributed by an input service distributor become available to the SEZ unit upon distribution. The reverse-charge payment stood on the same footing. Sections 26 and 51 of the Special Economic Zones Act protect the exemption against additional conditions not prescribed under SEZ law.
Conclusion: The refund could not be denied solely because the tax was paid outside the claim quarter, in favour of the assessee.
Issue (ii): Whether refund of Rs. 3,25,779 could be denied for want of service approval or Form A-1.
Analysis: The services appeared on the approved list, and their use for authorised operations was not disputed. The Form A-1 objection was outside the show cause notice. Rule 22 of the Special Economic Zones Rules does not prescribe that form as a condition of the exemption.
Conclusion: The refund could not be denied for want of service approval or Form A-1, in favour of the assessee.
Issue (iii): Whether the refund of Rs. 48,82,536 was barred by limitation.
Analysis: For common services paid for by the head office, the SEZ unit's entitlement to the distributed amount arises upon issue of the input service distributor invoice. The notification's limitation provision could not be applied by starting time before the distributed amount became claimable.
Conclusion: The refund was not time-barred, in favour of the assessee.
Final Conclusion: The assessee is entitled to Rs. 1,26,60,977 in refund with admissible interest, subject only to verification that no part has already been refunded.
Ratio Decidendi: Conditions in a service-tax notification cannot curtail an SEZ exemption by imposing requirements beyond those prescribed under SEZ law.