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    <title>2010 (1) TMI 143 - CESTAT, MUMBAI</title>
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    <description>CESTAT, MUMBAI - Appeal allowed. Tribunal held that denial of refund of service tax paid by the appellant as a commission agent under Rule 5 of the Export of Services Rules, 2005 was contrary to law and CBEC clarification. The business-auxiliary services rendered in India resulted in benefits accruing to recipients outside India when purchase orders were received and acted upon abroad; therefore the export condition under Rules 3 and 5 was satisfied and the appellant is entitled to refund.</description>
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      <description>CESTAT, MUMBAI - Appeal allowed. Tribunal held that denial of refund of service tax paid by the appellant as a commission agent under Rule 5 of the Export of Services Rules, 2005 was contrary to law and CBEC clarification. The business-auxiliary services rendered in India resulted in benefits accruing to recipients outside India when purchase orders were received and acted upon abroad; therefore the export condition under Rules 3 and 5 was satisfied and the appellant is entitled to refund.</description>
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