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Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreA voluntary organisation established on 6th July 1949, BCAS has presently more than 9,000 members from all over the country. BCAS is a principle-centered and learning-oriented organisation promoting quality service and excellence in the profession of Chartered Accountancy.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
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The petitioner was an STPI unit engaged in development and export of software and a 100% export oriented unit. The Assistant Commissioner rejected the refund claim in absence of registration certificate and requisite documents as well as the reason of time bar and the order was upheld by the Commissioner. The Tribunal observed that the petitioner was entitled to the refund of CENVAT credit with respect to input services even when export of softwares was not liable to service tax and that limitation u/s. 11B of the Central Excise Act did not apply in this case. However, it upheld that the CENVAT Credit could be claimed only when the assessee was registered.
Held:
Bar of limitation was not the ground for rejection of refund claim of accumulated unutilised CENVAT Credit by an export of services. Further, there is no express provision providing restriction on availment of CENVAT Credit in case of unregistered assessees and therefore, it was held that registration is not a pre-requisite for claiming CENVAT Credit. The matter was remanded for verification of invoice/s/bill/s/challan/s, service tax payment etc.