Notification No 17/2009


This query is : Resolved 

(Querist)
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.

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One exemption notification superseded by another - References to earlier notification not to be taken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 (Expert)
06 January 2010 Yes, this one year period is applicable retrospectively. Hence this coveres the export made 07.07.2008 onwards.

basappa M V (Querist)
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 (Expert)
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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