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    <title>2017 (8) TMI 108 - CESTAT NEW DELHI</title>
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    <description>For refund claims under Notification No. 41/2007-ST, actual use of a service for export was treated as decisive, and the service provider&#039;s classification of that service under a different category could not by itself defeat eligibility. The refund on port-related services used for facilitating export was therefore allowed. For the balance claim, rejection for lack of proper invoices and supporting documents was not sustained outright; because export of goods was undisputed, the relevant documents had to be correlated with the exports, and the matter was remanded to the original authority for verification and a fresh decision on admissibility.</description>
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      <link>https://www.taxtmi.com/caselaws?id=346050</link>
      <description>For refund claims under Notification No. 41/2007-ST, actual use of a service for export was treated as decisive, and the service provider&#039;s classification of that service under a different category could not by itself defeat eligibility. The refund on port-related services used for facilitating export was therefore allowed. For the balance claim, rejection for lack of proper invoices and supporting documents was not sustained outright; because export of goods was undisputed, the relevant documents had to be correlated with the exports, and the matter was remanded to the original authority for verification and a fresh decision on admissibility.</description>
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