Service Tax Refund

Sanction refund expeditiously keeping in mind the interest to be paid for delay

Service Tax - Authorities to take expeditious steps to sanction the refund keeping in mind that interest is to be paid from the kitty of the general public – Order marked to the Finance Minister for consideration Vodafone (I) Ltd. Vs. Commissioner of Service Tax, Mumbai-I [2014-TIOL-2263-CESTAT-MUM] In the instant case, the Stay application filed by...

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Service tax Refund cannot be denied on the ground that same was not shown as 'receivable' in Balance Sheet

Service Tax - Refund of Service tax on services not provided cannot be denied on ground that same was not shown as ‘receivable’ in Balance Sheet Radico Khaitan Ltd. Vs. Commissioner of Service Tax, Delhi [(2014) 48 taxmann.com 340 (New Delhi – CESTAT)] Radico Khaitan Ltd.   (the Appellant) entered into an agreement with Diageo Radic...

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Refund Of Service Tax (ST) Credit For ST Paid Under Reverse Charge

Service Tax - Rule 5B has been inserted in Cenvat Credit Rules, 2004 w.e.f. 01.07.2012 vide Notification No. 28/2012-CE(NT) dated 20.06.2012. Under Rule 5B, inserted w.e.f. 1.7.2012 vide Notification No. 28/2012-CE (NT) dated 20.6.2012, refund of Cenvat Credit will be allowed to service providers providing services on reverse charge basis. ...

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Johnny and Service Tax Refund (Series-II) Part VI – “Self Certification – An Inflexible Condition”

Service Tax - In continuation of previous articles, elaborating the difficulties in getting the refund claim under different conditions, we in this article are unveiling the problems existing in the Service tax refund mechanism under condition of Certification of Self Certification. This complete scenario is being elaborated with the means of humorous ...

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Johnny and Service Tax Refund [Series- II] – Part 5- “Condition relating to Time Limit of One Year”

Service Tax - we in this article are unveiling the problems existing in the Service tax refund mechanism under various services as specified in the Notification No. 17/2009-ST (herein after referred to as Said Notification). For example CHA service, Port Service, ...

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Decision taken by FM on Indirect Tax Related Issues or Disputes

Service Tax - 1. Pending Service Tax refunds/rebates for export of services – Issue: The prescribed procedure demands documents from other departments, particularly matching of FIRCs with export invoices by banks, on which the taxpayer does not have control. ...

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Committee to review Scheme for Electronic Refund of Service Tax to Exporters

Service Tax - A Committee has been constituted with Director General of Service Tax Smt. Sanghamitra Panda as Chairperson to review the scheme for electronic refund of service tax paid on taxable services used for export of goods. Other members of the Committee are Commissioner of Service Tax, Mumbai-1, Shri Sushil Solanki and Director, TRU Shri J. M. ...

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Simplified scheme for the refund of service tax

Service Tax - An announcement was made by Hon’ble Finance Minister in the Budget Speech 2011 for introducing a simplified scheme for the refund of service tax paid on services used for export of goods on the lines of drawback of duties. ...

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Notification to Provide average Rates of Service Tax Refund for a wide Range of Goods Exported from India

Service Tax - Central Government issues Notification to Provide average Rates of Service Tax Refund for a wide Range of Goods Exported from India; Adds to E-Enabled Service Delivery to Exporting Community, Limits Public interface and Reduces Transaction Costs in obtaining Refunds The Central Government has issued a notification today to provide average...

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Exports of 68 services may get service tax refund

Service Tax - Exports of as many as 68 services, including banking and asset management, will be eligible for refund of service tax, as per a draft circular issued by CBEC on 28.10.2011. The Central Board of Excise and Customs (CBEC) in order to streamline the process of sanctioning of refund claims arising on account of service tax on input services t...

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Denial of Service tax refund without specifying documents required from assessee is not valid

CMA CGM Global (India) (P.) Ltd. Vs Commissioner of Service Tax (CESTAT Mumbai) - The adjudicating authority shall give in writing details of the documents he requires from the appellant apart from the documents already supplied within seven days of receipt of this order and thereafter the appellant shall supply the documents within seven days and thereafter the adjudicating auth...

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In case of export of service, relevant date is the date when the payment of service exported has been received by the assessee

Commissioner of Central Excise, Pune I Vs Eaton Industries P. Ltd. (CESTAT Mumbai) - Refund - export of services - relevant date - The Commissioner (Appeals) has held that in such a case the relevant date is the date when the payment of service (exported) is received by the assessee not the date when the service is provided. Against that order, Revenue is in appeal on the premise th...

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Documents to be submitted to Claim Service tax Refund

F.No.137/70/2009-CX.4 - (23/05/2013) - Documents submitted along with the refund claims under Rule 5 of CENVAT Credit Rules, 2004. - I am directed to refer to your meeting with Member (Service Tax), CBEC on 13.5.2013 on the above subject and her subsequent meeting with the departmental officers and to inform you that the following genera...

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Committee to review Scheme for Electronic Refund of Service Tax to Exporters

Circular No. 156/7 /2012-ST - (09/04/2012) - A Committee has been constituted with Director General of Service Tax Smt. Sanghamitra Panda as Chairperson to review the scheme for electronic refund of service tax paid on taxable services used for export of goods. Other members of the Committee are Commissioner of Service Tax, Mumbai-1, Shri Sush...

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Regarding Service Tax Refund to exporters through the Indian Customs EDI System (ICES)

Circular No. 149/18/2011-ST - (16/12/2011) - CIRCULAR NO 149/18/2011-ST So far Service Tax Refund (STR) was made available to exporters (other than SEZ Units/Developers) on specified services used for export of goods covered in Notification 17/2009-ST dated 07.07.2009 (as amended) subject to certain conditions. In this connection, Honourable F...

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Service Tax Refund to exporters through Indian Customs EDI System (ICES) – Draft circular calling for comments, views and suggestions

F.No.354/66/2011-TRU - (12/08/2011) - To sum up, the following measures are proposed: (i)Service Tax Refund will be processed in the ICES through the Custom Houses. (ii) Service Tax Refund will be given electronically to the exporter who opts for claiming STR based on schedule. In case an exporter wishes to claim STR on export of goo...

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Clarification on Service Tax Refund to SEZ – Circular No. 142/11/2011-ST

Circular No.142/11/2011 - ST - (18/05/2011) - Circular No.142/11/2011 - ST , Dated - 18th May 2011 In the notification, there is no difference in treatment of service tax paid under section 66 and section 66A of Finance Act, 1994. Where refund arises, Table – A, in Form A-2 can be used for making a refund claim....

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Recent Posts in "Service Tax Refund"

Sanction refund expeditiously keeping in mind the interest to be paid for delay

Authorities to take expeditious steps to sanction the refund keeping in mind that interest is to be paid from the kitty of the general public – Order marked to the Finance Minister for consideration Vodafone (I) Ltd. Vs. Commissioner of Service Tax, Mumbai-I [2014-TIOL-2263-CESTAT-MUM] In the instant case, the Stay application filed by...

Read More
Posted Under: Service Tax |

Service tax Refund cannot be denied on the ground that same was not shown as 'receivable' in Balance Sheet

Refund of Service tax on services not provided cannot be denied on ground that same was not shown as ‘receivable’ in Balance Sheet Radico Khaitan Ltd. Vs. Commissioner of Service Tax, Delhi [(2014) 48 taxmann.com 340 (New Delhi – CESTAT)] Radico Khaitan Ltd.   (the Appellant) entered into an agreement with Diageo Radic...

Read More
Posted Under: Service Tax |

Refund Of Service Tax (ST) Credit For ST Paid Under Reverse Charge

Rule 5B has been inserted in Cenvat Credit Rules, 2004 w.e.f. 01.07.2012 vide Notification No. 28/2012-CE(NT) dated 20.06.2012. Under Rule 5B, inserted w.e.f. 1.7.2012 vide Notification No. 28/2012-CE (NT) dated 20.6.2012, refund of Cenvat Credit will be allowed to service providers providing services on reverse charge basis. ...

Read More
Posted Under: Service Tax |

Decision taken by FM on Indirect Tax Related Issues or Disputes

1. Pending Service Tax refunds/rebates for export of services – Issue: The prescribed procedure demands documents from other departments, particularly matching of FIRCs with export invoices by banks, on which the taxpayer does not have control. ...

Read More
Posted Under: Service Tax |

Denial of Service tax refund without specifying documents required from assessee is not valid

CMA CGM Global (India) (P.) Ltd. Vs Commissioner of Service Tax (CESTAT Mumbai)

The adjudicating authority shall give in writing details of the documents he requires from the appellant apart from the documents already supplied within seven days of receipt of this order and thereafter the appellant shall supply the documents within seven days and thereafter the adjudicating authority shall decide the claim of refund w...

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Documents to be submitted to Claim Service tax Refund

F.No.137/70/2009-CX.4 (23/05/2013)

Documents submitted along with the refund claims under Rule 5 of CENVAT Credit Rules, 2004. - I am directed to refer to your meeting with Member (Service Tax), CBEC on 13.5.2013 on the above subject and her subsequent meeting with the departmental officers and to inform you that the following general deficiencies in the documents submitte...

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Committee to review Scheme for Electronic Refund of Service Tax to Exporters

Circular No. 156/7 /2012-ST (09/04/2012)

A Committee has been constituted with Director General of Service Tax Smt. Sanghamitra Panda as Chairperson to review the scheme for electronic refund of service tax paid on taxable services used for export of goods. Other members of the Committee are Commissioner of Service Tax, Mumbai-1, Shri Sushil Solanki and Director, TRU Shri J. M. ...

Read More

Simplified scheme for the refund of service tax

An announcement was made by Hon’ble Finance Minister in the Budget Speech 2011 for introducing a simplified scheme for the refund of service tax paid on services used for export of goods on the lines of drawback of duties. ...

Read More
Posted Under: Service Tax |

Notification to Provide average Rates of Service Tax Refund for a wide Range of Goods Exported from India

Central Government issues Notification to Provide average Rates of Service Tax Refund for a wide Range of Goods Exported from India; Adds to E-Enabled Service Delivery to Exporting Community, Limits Public interface and Reduces Transaction Costs in obtaining Refunds The Central Government has issued a notification today to provide average...

Read More
Posted Under: Service Tax | ,

Regarding Service Tax Refund to exporters through the Indian Customs EDI System (ICES)

Circular No. 149/18/2011-ST (16/12/2011)

CIRCULAR NO 149/18/2011-ST So far Service Tax Refund (STR) was made available to exporters (other than SEZ Units/Developers) on specified services used for export of goods covered in Notification 17/2009-ST dated 07.07.2009 (as amended) subject to certain conditions. In this connection, Honourable Finance Minister, had stated in his Budge...

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