Custom, Excise & Service Tax Tribunal
Commissioner Of Central Excise, Pune-I vs M/S. Fujitsu Consulting India Pvt. Ltd on 12 August, 2015
IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL WEST ZONAL BENCH AT MUMBAI COURT No. I Stay No. ST/S/92571/15-Mum APPEAL No.ST/85375/15-Mum (Arising out of Order-in-Appeal No.PUN-EXCUS-001-APP-082-14-15 dated 30.09.2014 passed by Commissioner of Central Excise (Appeals), Pune.) For approval and signature: Honble Mr. M.V. Ravindran, Member (Judicial) and Honble Mr. C.J. Mathew, Member (Technical) ======================================================
1. Whether Press Reporters may be allowed to see : No the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982?
2. Whether it should be released under Rule 27 of the : No CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?
3. Whether Their Lordships wish to see the fair copy : Seen of the Order?
4. Whether Order is to be circulated to the Departmental : Yes authorities?
====================================================== Commissioner of Central Excise, Pune-I Appellant Vs. M/s. Fujitsu Consulting India Pvt. Ltd. Respondent Appearance:
Shri- K.S. Munra, Addi.C. (AR) for Appellant Shri- Prasheut Pataukar, Consultant, for Respondent CORAM:
Honble Mr. M.V. Ravindran, Member (Judicial) Honble Mr. C.J. Mathew, Member (Technical) Date of Hearing : 12/08/2015 Date of Decision : 12/08/2015 ORDER NO Per: M.V. Ravindran This stay perdition is field by the Revenue for staying operation of order in-appeal No. PUN-EXCUS-001-APP-082-14-15 dated 30.09.2014.
2. After hearing both sides, we find that the first appellate authority has reversed the decision passed by the adjudicating authority, of rejecting the refund claim filed by the respondent in this appeal. We do not fine any reason for the filing stay petitions by the Revenue. Stay petitions are dismissed.
3. Since the issue involved in this case is regarding the refund of the Service Tax paid on services utilized for export of services, few expeditions disposal of the appeal, on request made by both sides, we list the appeal for final disposal on 16/10/2015.
(Pronounced in Court) (C.J. Mathew) Member (Technical) (M.V. Ravindran) Member (Judicial) akp 1 2 APPEAL No.ST/85375/15-Mum