Benefit of SEZ unit can’t be denied merely because registered office is situated in DTA i.e. outside SEZ

M/s Adani Power Ltd. Vs Commissioner of Service Tax (CESTAT Ahmedabad) The issue under consideration is whether the commissioner is correct in denying the benefit of SEZ unit on the basis that the registered office is situated in DTA i.e. outside the SEZ? In the present case, the Appellant entered into an agreement with London Bank for ECB facility of US$ 500 million in relation to the power project in the SEZ and an upfront fee was paid to the bank on 25 June, This fee was subsequently refunded by the bank to the Appellant since the facility was later cancelled. It has also been stated that t...