2018 (4) TMI 25 – CESTAT MUMBAI – 2018 (12) G. S. T. L. 328 (Tri. – Mumbai) – Refund – relevant date – Whether the period of one year for filing the refund should be taken from the date of receipt of foreign exchange i.e. date of FIRC or from the date of invoice? – Held that: – in case of export of service, the same qualifies as export only when convertible foreign exchange is received – In the present case, the appellant has admittedly filed the refund claim within one year from the receipt of convertible foreign exchange – the relevant date is the date of FIRC and not the date of service.
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Whether the remittance received against the export in Indian rupees will be considered as receipt of convertible foreign exchange for the purpose
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rom the date of receipt of foreign exchange i.e. date of FIRC or from the date of invoice; (ii) Whether the remittance received against the export in Indian rupees will be considered as receipt of convertible foreign exchange for the purpose of qualifying the supply of service as export. 2. Shri D. Shinde, learned Assistant Commissioner (AR) appearing on behalf of the Revenue, reiterates the grounds of appeal. He submits that the export of service should be considered on the basis of invoice. Therefore, the date of export should be taken as date of invoice not from the date of FIRC. As regards the receipt of remittance against the service, he submits that in the present case, undoubtedly the remittance was received in Indian rupees. Therefo
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ndian rupees, he submits that the payment was received through HSBC Bank. In case of even Indian rupees received through foreign bank, the payment is considered as convertible foreign exchange. The identical issue has been dealt in detail in the case of Sun-Area Real Estate Pvt. Ltd. Vs. CST, Mumbai-I – 2015 (39) STR 897 (Tri.-Mumbai). 4. I have carefully considered the submissions made by both the sides and perused the records. I find that in case of export of service, the same qualifies as export only when convertible foreign exchange is received. In the present case, the appellant has admittedly filed the refund claim within one year from the receipt of convertible foreign exchange. Therefore, the relevant date is the date of FIRC and no
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