2018 (10) TMI 547 – CESTAT MUMBAI – TMI – Refund claim – relevant date – the relevant date of refund claim for the purpose of limitation is the “date of payment received in foreign exchange by the service provider” or the “date of export of service.”? – Held that:- Larger Bench decision of CESTAT South Branch, Bengaluru in Bengaluru Service tax vs. Span Infotech Pvt. Ltd. [2018 (2) TMI 946 – CESTAT BANGALORE] has held that export of service is completed only on receipt of consideration in “Foreign exchange and therefore the date in Forward Inward Remittance Certificate (FIRC) is relevant” in view of N/N. 27/2012 with effect from 01.03.2016 [14/2016 (NT) refers] – appeal dismissed – decided against Revenue. – Application No. ST/Stay/85541/2
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f service. Findings of first adjudicating authority and the Commissioner (Appeals) are based on the judicial precedent prevailing during the relevant time and they have allowed such refund to the respondent company against its claim made between April 2012 and March 2014 for four different quarters. It is noteworthy to mention here that the conflict is resolved now in view of Larger Bench decision of CESTAT South Branch, Bengaluru which has held in Bengaluru Service tax vs. Span Infotech Pvt. Ltd. reported in 2018-TIOL-516-CESTAT-I-LB in which it has been held that export of service is completed only on receipt of consideration in Foreign exchange and therefore the date in Forward Inward Remittance Certificate (FIRC) is relevant in view of
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