service tax query-Merchant exporter

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amol (Querist)
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26 May 2009 We r merchant exporter, we pay commission to foreign based commision agents & upon that we pay service tax under business Auxillary services.

we r not adjusting this service tax. The shipping companies & also other parties charging service tax to us for service they offer.

so my query is how we can take the set off of this service tax. we r paying service tax under business Auxillary services & we r not adjusting this ser. tax against service tax charged to us.

how i can adjust service tax which other companies r charging to us.

as we r merchant exporter we cant set off against excise duty.

SIDDHARTHA SANKAR ROY

SIDDHARTHA SANKAR ROY (Expert)
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26 May 2009 You can apply for refund of service tax paid on input services attributable to export under Notification No 41/20007 dt 06.10.2007 .Presently 19 notified services are eligible for refund under this notification.Please checkout whether services on which you are paying service tax are included in the eligible list.Merchant exporters can also apply for refund under the said notification.

amol

amol (Querist)
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27 May 2009 we have already applied for refund under Notification 41/2007 dt 6.10.07 but the service tax dept. rejected it they said only comm. paid to foreign agents on agriculture product is expemt for service tax.

SIDDHARTHA SANKAR ROY

SIDDHARTHA SANKAR ROY (Expert)
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28 May 2009 I wonder what is their logic. Did they pass any order against your refund claim ? Please state the exact reason they gave in that order.

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