Just a moment...

Report
FeedbackReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Feedback/Report an Error
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home /

2024 (12) TMI 1138

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ocate with Shri Rishi Gala for the Appellant Ms. S. Varalakshmi Addl. Commr.for the Respondent ORDER PER: Bench We have heard from both sides. 2. Learned counsel for the Appellant submits that they sought for refund against their export of output services namely Information Technology from September 2008 to March 2009, through three refund applications and all three were rejected on the g....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....vided are not required to be registered and period of computation of limitation should be taken from the date on which FIRC (Foreign Inward Remittance Certificate) has been issued, in view of the decision prevailing then in respect of SPAN INFOTECH (INDIA) PVT LTD P LTD, CESTAT Bangalore Bench [2018(12) G.S.T.L.200(Tri-LB) in which larger Bench of this Tribunal had given clear findings, for which ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....(Appeals). 4. Taking note of the submission and after perusal of the Appeal Paper Book, we consider it appropriate to reproduce para 12 of the order passed by the learned Commissioner (Appeals) on 30.09.2016, which would bring more clarity to the submission and provide the basis for which this appeal is filed. It reads- (Para-12 p-57) Hence, the credits in respect of other unregistered premises....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n of SPAN INFOTECH (INDIA) PVT LTD P LTD, Statute has also been necessarily amended to incorporate provision to the effect that computation of limitation period to grant refund would start from the date of receipt of foreign exchange by the exporter, apart from the fact that section 35A(4) of the Central Excise Act 1944 which is equally applicable to Service Tax matters in view of operation of sec....