2016 (9) TMI 584

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....S G Analytics Pvt Ltd against order-in-appeal no. PUN-EXCUS-003-APP-91 & 92-14-15 dated 13/10/2014 passed by the Commissioner of Central Excise (Appeals), Pune - III. The appellant who provides 'banking and financial services' had sought refund under Rule 5 of the CENVAT Credit Rules 2004 in two claims. The first claim for refund was allowed by the original authority to the extent of Rs. 1,03,205/....

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....d and Rs. 88,461/- for the latter period against invoices issued in the name of the appellant's office situated at Hyderabad which does not find a place in the registration certificate. In the proceedings before the first appellate authority, the entire claim was admitted except for Rs. 8,453/- for the earlier period. 2. Revenue contests the sanction on the ground that credit was wrongly availed ....

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..../taxes had been discharged by assessee when procuring inputs or receiving services. Learned Authorised Representative submits that these judgments relate to utilisation and not to the taking of the CENVAT credit. Considering that there is no dispute about the receipt of services by the respondent and the utilisation thereof being permissible even without registration under Finance Act, 1994, the r....

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.... the quarter in which the FIRCs were received. Learned Authorised Representative placed reliance on the narrow definition of 'export' in the Export of Service Rules which is intended to provide exemption from tax on output services that are exported. Performance of the service and receiving consideration in convertible foreign currency are sufficient to secure that privilege. Refund under CENVA Cr....