Brief of the case:
- The CESTAT New Delhi in the case of P&P Overseas held that the realization of export sale proceeds within a definite time-frame is not a pre-condition for claiming refund of unutilized Cenvat credit under Cenvat Credit Rules , 2004 .
- It also held that the CHA and courier services are input services availed for or in relation to manufacturing of goods exported out of India and thus, the unutilized credit in respect thereof can be claimed as refund under Rule 5.
Facts of the case:
- The assessee claimed refund of unutilized Cenvat credit u/Rule 5 of Cenvat Credit Rules, 2004 in respect of input services availed in relation to manufacturer of the finished goods exported out of India. The input services in respect of which refund claimed were courier and Custom House Agent services (CHA).
- The Assistant Commissioner disallowed the claim on two grounds:
i) The services of courier and CHA are not input services as defined u/Rule 2(l) of Cenvat credit Rules, 2004
ii) The export proceeds have not been received by the assessee.
- The order of Asst. Commissioner was upheld by the CCE (Appeals). Aggrieved by the same assessee is in appeal before the tribunal.
Contention of the Assessee:
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