2015 (2) TMI 194

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....5 for the period July 2008 to March 2011. 2. The brief facts of the case are that the appellant has classified their services under the category of Banking & Financial Institution Services and obtained registration thereof. The appellants are providing investment advisory service to Bain Capital Mauritius who has used the same for rendering the said service to funds located outside India and same were used outside India. Therefore, it is the contention of the appellant that the services rendered by the appellant falls under the category of Export of Service as per Rule 3(1)(iii) of the Export of Services Rule, 2005. In these circumstances, the appellant filed refund claim of unutilized Cenvat Credit accumulated in their Cenvat Credit acc....

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....ed in 2008 (11) STR 430 (S.C.). It is further submitted that for the period April 2010 to March 2011, the refund of Cenvat Credit has been denied in the absence of the invoices against which Cenvat Credit has been taken. The said invoices were produced before the lower authorities, but the same were not considered and it is also contended that same were not considered and it is also contended that same were not considered and it is also contended that same are enclosed with the appeal papers and same been examined. He further submits that the input service credit availed by them qualifies as per Rule 2 (l) of the Cenvat Credit Rules 2004 in the light of the decision of Ultratech Cement Ltd. 2010 (20) STR 577 (Bom.) wherein Hon'ble High ....

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....used outside India for their benefit. Further, I find that the issue came up before this Tribunal in the case of Paul Merchants Ltd. (supra) and in that case also this Tribunal has held that if the services recipient is located outside India and the same has been utilized outside India, therefore it is a case of export of service. Further in this case of Vodafone Essar Cellular Ltd - 2013 (31) STR 738 this Tribunal held that telecom services provided to inbound roaming international consumers would qualify as export of service. In the said case, Vodafone provided telecom services in India to international in-bound roamers registered with foreign telecom network operators but located in India at the time of providing of the said services. In....