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    <title>Appeal remanded for fresh fact-finding on place of provision under POPS Rules 2012; Rule 3 prima facie, Rule 4 factual</title>
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    <description>CESTAT allowed the appeal by way of remand, concluding that the adjudication on export of services requires fresh fact-finding to determine the place of provision under the POPS Rules 2012. The Tribunal held that Rule 3 is prima facie applicable where the service recipient&#039;s location is outside India, but Rule 4(a) could apply if tangible goods were physically made available by the recipient to the service provider; the record is inconclusive on that factual predicate. Rule 6A&#039;s classification of certain services as export depends on establishing place of provision outside India and other conditions, which are undisputed. The matter is remitted to the adjudicating authority to re-examine evidence and reach a categorical conclusion on applicability of Rule 4 and export entitlement.</description>
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    <pubDate>Sat, 13 Sep 2025 08:47:17 +0530</pubDate>
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      <title>Appeal remanded for fresh fact-finding on place of provision under POPS Rules 2012; Rule 3 prima facie, Rule 4 factual</title>
      <link>https://www.taxtmi.com/highlights?id=92480</link>
      <description>CESTAT allowed the appeal by way of remand, concluding that the adjudication on export of services requires fresh fact-finding to determine the place of provision under the POPS Rules 2012. The Tribunal held that Rule 3 is prima facie applicable where the service recipient&#039;s location is outside India, but Rule 4(a) could apply if tangible goods were physically made available by the recipient to the service provider; the record is inconclusive on that factual predicate. Rule 6A&#039;s classification of certain services as export depends on establishing place of provision outside India and other conditions, which are undisputed. The matter is remitted to the adjudicating authority to re-examine evidence and reach a categorical conclusion on applicability of Rule 4 and export entitlement.</description>
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      <pubDate>Sat, 13 Sep 2025 08:47:17 +0530</pubDate>
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