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Refund based on cenvat credit on input services for export

Service Tax (Legacy) 2123 views 5 replies

Hello,


Is an exporter of services eligible for refund based on CENVAT Credit of Input Services? If yes, whihc services? I'm under the impression that only manufacturer exporter and merchant exporters are eligible for refund for folloowig 17 types of input services:

1)      General Insurance Services for export of goods

2)      Port Services

3)      Technical testing and analysis

4)      Technical inspection and certification

5)      Other port services

6)      Transport of export goods by road(if service tax paid)

7)      Transport of export goods in container by rail

8)      Cleaning activity

9)      Storage and warehousing

10)  Courier of goods and documents relating to export outside India

11)  CHA services relating to exports

12)  Banking services relating to collection of export bills. LC, purchase or sale of foreign currency

13)  Money changing in relation to export goods

14)  Supply of tangible goods for use(hire)

15)  Clearing and forwarding agent

16)  Terminal handling charges

17)   Transport of export goods through waterways(inserted w.e.f. 30-09-2009).

 

Please let me know what the exact situation of service tax law is on this matter.

Replies (5)

The exporter of services is eligible for getting refund of eligible input services/ inputs and capital goods credit. By going thru the cenvta credit rules, the eligible credits can be arrived at. [ you may note that some input services have been restricted now in the defintion itslef]

You may also refer to article on refund of credit for exporters. There should be some article on this site itslef. as there are some alternatives and  the onewhich is most suited toyou canbe availed.

Refund as per Noti. No.17/2009-ST applies to export of goods and hence the services mentioned in the query used in relation to export of services do not fall within the scope of the notification. If any of the above services qualifies as input services under cenvat credit rules, then credit can be taken and refund thereof can be claimed under Rule 5 of the said rules. Else, rebate under noti. 12/2005-ST can be claimed.

Thanks Mr.Nair for the perfect reply! :)

Dear Sir 

If any company is providing banking and financial services outside india i.e. it is a 100% EOU, can the same claim refund of cenvat and input tax tax paid for making such services available, if the same is not having service tax registeration but the output tax liability is NIL 

In order to claim refund of unutilised cenvat credit the claimant has to be registered with the service tax dept.

Regards,


CCI Pro

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