Notification No 17/2009

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basappa M V (Querist)
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06 January 2010 Notification No 17/2009 says that the supersede of Notification no 41/2007 regarding service tax refund and it extends the date of Filing of Refund application from 6 months to the 1 yaer. My question is whether date of extension is available for the Transaction carried out before the Notification 17/2009.

CA Gunjan H Shah

CA Gunjan H Shah (Expert)
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06 January 2010 17/2009 is not a substitute for notification 41/2007 but it supersedes the same, therefore wherever there is conflict between Notifications. The Notification No. 17/2009 will prevail.

One exemption notification superseded by another - References to earlier notification not to be taken

1988 (38) E.L.T. 401 (Bom.)

CHOWGULE & CO. PVT. LTD

SANJAY JAIN

SANJAY JAIN (Expert)
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06 January 2010 Yes, this one year period is applicable retrospectively. Hence this coveres the export made 07.07.2008 onwards.

basappa M V

basappa M V (Querist)
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20 January 2010 Thanks for All,

Service tax Dept Rejected My claim of refund Stating that the Time barred. under the Notification No 41/2007. Can anybody tell me what is the next course of action.

SANJAY JAIN

SANJAY JAIN (Expert)
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20 January 2010 The next course of action is to file appeal to the Commissioner Appeals.
In this regard if you need any professional help, feel free to write/call without any hesitation.

Mobile:09350048731
Mail:sanjayinfbd@yahoo.com

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