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    <title>2009 (7) TMI 514 - CESTAT, AHMEDABAD</title>
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    <description>Refund of accumulated Cenvat credit under Rule 5 of the Cenvat Credit Rules, 2002, read with Notification No. 5/2006-C.E. (N.T.), was examined in relation to service tax paid on commission for sales activities connected with exported goods. The dispute was whether such commission-related services qualified for refund, with the departmental view being that they were not used in manufacture of final products and therefore fell outside the refund scheme. The appellate order was set aside because the issue had not been examined on the correct statutory footing, and the matter was remitted for fresh consideration.</description>
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      <link>https://www.taxtmi.com/caselaws?id=75738</link>
      <description>Refund of accumulated Cenvat credit under Rule 5 of the Cenvat Credit Rules, 2002, read with Notification No. 5/2006-C.E. (N.T.), was examined in relation to service tax paid on commission for sales activities connected with exported goods. The dispute was whether such commission-related services qualified for refund, with the departmental view being that they were not used in manufacture of final products and therefore fell outside the refund scheme. The appellate order was set aside because the issue had not been examined on the correct statutory footing, and the matter was remitted for fresh consideration.</description>
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