2023 (11) TMI 471

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...., they are heard together and disposed of by this common order. The parties are hereafter referred to as assessee and department for the sake of convenience. 2. Brief facts are that the assessee is engaged in the activity of management of assets of various schemes of Sundaram Mutual Fund and gives advice of investment to clients both in India and overseas. While providing advisory services to clients abroad they received the consideration in inconvertible foreign exchange. They paid service tax on the services so provided. The assessee then filed rebate claim of Rs.48,82,448/- on 13.01.2011 under Rule 5  of Export of Services Rules 2005 for the period of October 2009 to March 2010. The original authority allowed part of the claim to t....

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....dated 2/6/2014 set aside the order of sanctioning the refund dated 29.11.2012. Aggrieved by such order the assessee has now filed Appeal no.ST/41764/2014. 5. The learned AR Shri Rudra Pratap Singh appeared and argued for the department. It is submitted that the assessee has provided advisory services for investment of funds to the client abroad. Though the advices are given to the client abroad the investment having been made in India, the activity has to be construed as services used in India. Only if the services are used outside India it can be said that there is export of services. The Circular issued by the Board dated 13/5/2011 was relied by the learned AR to argue that "in a situation where the consultancy, though paid by a client l....

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....ultant, that the department ought not to have filed an appeal against the order passed by the refund sanctioning authority who has sanctioned the refund pursuant to the order passed by Commissioner (Appeals). The assessee was not even issued Show Cause Notice or Deficiency Memo prior to passing of the order by the refund sanctioning authority. The said order was for sanction of refund consequent to a valid order passed by Commissioner (Appeals). In such circumstances the department cannot file an appeal against the sanction of refund. It is prayed that the assessee appeal may be allowed and the department appeal may be dismissed. 7. Heard both sides. 8. On perusal of the order passed by the Commissioner (Appeals) dated 29/11/2012, it is s....