Taxindiaonline.com Taxindiaonline.com Taxindiainternational.com HRindiaonline.com
 
LOGIN
Forgot Password |  Register
Thursday , December 18, 2014 | Updated : Dec 18, 17:17 IST
Income Tax    Customs    Excise    Service Tax    FEMA    DGFT    SEZ    Misc    Pitara    Budget   
About Us Contact Us Advertise
Taxindiaonline.com Taxindiaonline.com Taxindiainternational.com
NEWS FLASH
 
CBDT issues transfer order of 10 CITs (See 'Transfer' in Pitara) UN-backed project - farmers to grow cacao in place of drugs (See 'Mixed Buzz') CBDT issues transfer order of 3 AC/DCs (See 'Transfer' in 'Pitara') No proposal to reduce retirement age to 58; Govt spent more than Rs one lakh crore to pay salaries to its employees in 2012-13: Minister India, Germany sign pact for Euro 625 mn for Green Energy Corridors Project (See 'Mixed Buzz') President congratulates ISRO for successful launch of GSLV-MARK III SC extends Jaya's bail; directs Karnataka HC to set up Special Bench Has Union Cabinet really put GST Caravan on 'fire'! (See 'The Cob (Web)'Column) ST - Appellant manufactures liquid gases - as customers do not have cryogenic tanks for storage, appellant leases & earns rent on tanks - no ST payable under Storage services as appellant has no control on goods in tank: CESTAT (See 'Breaking News') New Companies Act - Bail for Terrorist - jail for businessman? + Amendments to Companies Act - Ease of Doing Business in India (See 'DDT' Column) Prevention of Corruption Act - substitution of Sec 13 - Govt seeks Law Commission's views (See 'Mixed Buzz') Income tax - Whether even if there is no transfer of property rights to power agent, capital gains can be taxed in his hand - NO: HC (See 'Breaking News') CAG recommends Govt needs to recover USD 161 mn disallowed cost of three oil wells (See 'Mixed Buzz') CX - Banding of soap cakes with tapes pre-printed with brand & MRP of combo pack amounts to manufacture - appellant, however, paying ST on it - since appellant is in specified area of HP they are entitled for benefit of exemption - non- filing of declaration is curable defect: CESTAT (See 'Breaking News') Cadre Review - New Commissionerates - CESTAT Appeal Forms Amended (See 'DDT') Gender Justice-Gender Tax (See 'The Third Eye'in 'Hrindiaonline.Com') I-T - Whether assessee can claim deduction u/s 35AB on accrual basis for a higher amount, even if it has actually paid less: ITAT (See '2014-TIOL-984') Permission for Prosecution of govt servants - Single Window System is in place: Minister (See 'Mixed Buzz') Union Cabinet gives nod to table GST Bill in current session of Parliament Setback for Nokia India; VAT - Whether mobile battery charger is integral part of cell phone and not an accessory and thus it is eligible of concessional rate of tax - NO: Supreme Court (See ‘Breaking News’) Lok Sabha okays amendments in New Companies Act CBEC amends CESTAT Appeal Forms + also amends exchange rate for Japanese Yen (See 'What's New') 'Make in India' Scheme: No special concessions for foreign investors, says Minister (See 'Mixed Buzz') India imported 2750 tonnes of gold in last 3 years (See 'Mixed Buzz') SC directs Centre to take its consent before appointing CVC Sec 35AD - CBDT notifies guidelines for notification of a semiconductor wafer fabrication manufacturing unit (See 'What's New') ST - Commercialisation of practice of law - aspect that Advocate is an officer of Court and part of administration of justice has not been brushed aside by Parliament - Rather by rational differentiation it has proceeded to impose ST on legal services - Petitions dismissed: HC (See 'Breaking News') ACC okays appointment of Presiding Officers in 8 Debts Recovery Tribunals (See ‘Mixed Buzz’) Global intellectual property filings record boost in 2013: WIPO (See ‘Mixed Buzz’) Audit by CE/Service Tax officers – Audit should provide help and suggestions to taxpayers to improve compliance (See 'DDT' Column) Mrs Smriti Irani, Please Think Before Launching 'Think in India'(See 'Ice Cubes') Income tax - Whether in case of Joint Development Agreement, transfer of land in lieu of developed area would crystallise only on the day developer hands over developed area - YES: ITAT (See 'Breaking News') Safety Standard in Cars: India to make guidelines mandatory from 2020 (See 'Mixed Buzz')
 
Bookmark and Share
ST – Refund submitted after 07.07.2009 for exports prior to this date denied on ground that same not filed within 6 months – Board clarified that Notf 17/2009 does not bar applicability to exports done prior to clarification – claim has to be considered under notfn. 17/2009-ST only – matter remanded: CESTAT

By TIOL News Service

AHMEDABAD, SEPT 10, 2012: THE refund claim filed by the appellant in respect of service tax paid on terminal handling charges has been rejected on the ground that terminal handling charges was not one of the services mentioned in Notification No. 41/2007-ST. Another ground taken for rejecting the claim is that it has been fixed beyond the six months period prescribed under the impugned notification.

Before the CESTAT the appellant submitted that in their own case the Bench had vide Order No.A/324-330/WZB/AHD/2012 dated 19.03.12 held that refund of service tax paid on terminal handling charges would be available. In the matter of limitation, reliance is placed on the Trade Notice issued by Commissioner of Central Excise & Service Tax, Dibrugarh No.07/2010 dated 04.03.2010 where it is mentioned that when the benefit was available under notification No. 17/2009-S.T., the same should have been extended especially when it was claimed in reply to the show cause notice and before the Commissioner (Appeals) in appeal.

The Bench observed -

"3.... In paragraph 5 of the order of this Tribunal cited by the ld. counsel in their own case, it was held that refund of service tax paid on terminal handling charges in case of exports is admissible. As regards limitation, I find that the Commissioner of Central Excise and Service Tax, Dibrugarh in trade notice cited by the ld. counsel has taken a view that claim submitted after 07.07.09 have to be considered under notification No. 17/2009 only. Para 2 of the trade notice which is relevant is reproduced below;

"2. The matter has been examined by the Board. In this regard, I am directed to state that though Notification No. 17/2009-S.T., dated 7-7-2009 simplifies the refund scheme, the nature of benefit given to the exporters remains as it was under Notification No. 41/2007-ST. Further, the new notification does not bar its applicability to exports that have taken place prior to its issuance. Therefore, the scheme prescribed under Notification No. 17/2007-S.T. would be applicable even for such exports subject to conditions that (a) refund claim are filed within the stipulated period of one year; and (b) no previous refund claim has already been filed under the previous notification. [Authority: Board's Letter F.No.354/256/2009-TRU, Government of India, Ministry of Finance, Department of Revenue, Tax Research Unit, New Delhi, dated the 1st January, 2010]"

4. Since the department itself has taken the view that claim submitted after 07.07.09 have to be considered under Notification No. 17/2009-ST, the submission of the ld. counsel has to be accepted. Accordingly, the appeal is allowed and the matter remanded to the original adjudicating authority for fresh consideration of the claim in terms of the orders of the Tribunal on the appeal filed by the Revenue, Commissioner (Appeals) and this order so far as they are applicable to the issue."

(See 2012-TIOL-1185-CESTAT-AHM)


POST YOUR COMMENTS
   
 
 
TIOL Mobile App
TIOL SEARCH
 
TIOL Subscriptions
 All-In-One Package
 Indirect Tax Package
 Income Tax Package
<< More Packages>>
 
   
             
Income Tax Customs Excise Service Tax FEMA DGFT SEZ Misc Pitara Budget
  • Notifications
  • Circulars
  • SC Cases
  • HC Cases
  • ITAT Cases
  • Instructions
  • Advance Ruling
  • Settlement
  • Other Case
  • Directorate of Income Tax (Systems)
  • Tariff Notfn
  • Non Tariff Notfn
  • Circulars
  • SC Cases
  • HC Cases
  • Cestat Cases
  • Settlement
  • Advance Ruling
  • Safeguard Duty Notfn
  • Anti-dumping Notfn
  • Drawback Cases
  • Tariff Notfn
  • Non Tariff Notfn
  • Circulars
  • SC Cases
  • HC Cases
  • Cestat Cases
  • Settlement
  • Advance Ruling
  • Excise Amendment
  • Clean Energy Cess Notfn
  • MISC Circulars
  • 37B Order
  • Commr.(A) Order
  • CESTAT
  • Notifications
  • Circulars
  • SC Cases
  • HC Cases
  • Cestat Cases
  • Miscellaneous
  • Advance Ruling
  • FAQ
  • Finance Act, 1994
  • Commr. (A) Orders
  • 37B Order
  • Removal of Difficulty
  • VCES
  • Accounting Head
  • Exchange Manual
  • Fema Notifications
  • SC Cases
  • HC Cases
  • RBI Notifications
  • Act
  • Rules
  • Regulations
  • Master Circulars
  • RBI Circulars
  • Depository Scheme
  • Press Note
  • Notifications
  • Circulars
  • Public Notices
  • Trade Notice
  • FTDR Amendment 2010
  • MISC
  • State Acts
  • Notifications
  • Instructions
  • Act 2005
  • Rules 2006
  • DGEP
  • State Policy
  • SC Cases
  • HC Cases
  • VAT Cases
  • Deputation Posts
  • Service News
  • The Insider
  • Transfer
  • Promotion
  • Recruitment Rules
  • Transfer Policy
  • Training Circulars
  • Service Cases
  • MISC
  • Pay Commission
  • Cadre Review
  • Budget Circular 2013-14
  • Union Budgets
  • Economic Surveys
  • Budget Speeches
  • Finance Acts
  • Finance Bill
  • TRU - D. O. Letter
  • A Taxindiaonline Website. Copyright © 2014 Taxindiaonline.com Pvt.Ltd. All rights reserved. | Powered by 4th Dimension