service tax refund 17/2009

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 December 2010 Dear Sir,

We are Manufacturer Exporter But we are not registered with the Central Excise Act,1944, due to our Produce is exempted in Excise act.

Please advice where we file our Service Tax refund claim as per Noti. 17/2009 in the following situation.

We are manufacturer of LAM Coke & our Factory is situated at Gandhidham our Registered office is located at Ahemdabad & H.O. At Mumbai,

We made export from our factory (Mundra Port) & wish to claim the Service tax refund as per notification 17/2009.

We are registered with the Central Service Tax Department & they allotted us the Centralized Service Tax registration indicated Registered office at Ahemdabad,

Sir kindly advice for where we file our service tax refund claim at

1 ) SERVICE TAX DIVISION OR AT EXCISE DIVISION

2 ) Factory Jurisdiction or at Registered Office jurisdiction

Thanks

CA.RAJIV SHUKLA FCA

CA.RAJIV SHUKLA FCA (Expert)
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20 December 2010 Dear Annoynmous Ji,

Let me clear you now

1)Refund Claim should be filed with Excise Divsion Only in case of Exporter.

2)That Service Tax Provisions applicable on Regsitetered Office but in this notification assessee can file refund application any where like with Jursdication over the Regsitered Office or Factory, but in our exeprience Factory Office is more relvevnat.

i)Incase of Exporter Not Regsitered with Central Excise Apply in Form A-2, to The Assitant or Deputy Commisisoner of Central Excise for getting Service Tax number.

ii)Assessee after getting number assessee need to file application of refund.

As per Said Notification number 17,you can to file refund claim with Assitant of Deputy Commisisoner Central Excise having jurisdiction over to your factory beacuse of he allow the export during the course of removal of the goods from factory.

Querist : Anonymous

Querist : Anonymous (Querist)

20 December 2010 thaks for your reply,
i was applied for STC no. in form A-02 as on 06-11-2010 but till today dept. not made any correspondence.

what i do ....

CA.RAJIV SHUKLA FCA

CA.RAJIV SHUKLA FCA (Expert)
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20 December 2010 Pls visit to the Concen department office and talk to the Officers for help.

May be they need some moeny for number and granting refund with % of shares.

As in New Delhi every thing is happen with price.

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