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M/S Rajasthan Spg. & Wvg. Mills Ltd. M/S ... vs Cce, Jaipur on 4 April, 2001

The said decision squarely covers the issue in the present case the facts being similar. Revenue placed reliance on the decision rendered by CESTAT in Rajasthan Textile Mills Vs. Commissioner of Central Excise, Jaipur reported in 2015 (37) S.T.R.410 (Tri-Del). The refund claim therein was denied as the appellants had availed drawback also in respect of goods exported by them. Facts being different the said case is distinguished from the case in hand.
Customs, Excise and Gold Tribunal - Delhi Cites 1 - Cited by 142 - Full Document

Commissioner Of Sevice Tax, Ahmedabad vs M/S. Adani Enterprise Ltd. on 9 January, 2015

http://www.judis.nic.in Judgment in C.M.A.No.690 of 2019 (The Commissioner of GST & Central Excise -Vs- M/s.Hyundai Motor India Ltd) dated 28.01.2020 "8.The above clearification throws light on difficulties faced by exporters to produce documents in accordance with Section 65(105)(zn) as there is no procedure of issuing permission letters or authorization to such service providers. The Board in its circular dated 12-3-2009 has clarified that granting refund does not require the verification of registration of service provider and refund can be granted if otherwise in order. The implication of these two clarifications read together, along with the amendment brought forth in the definition of port services, in our view, is that the exporter should not be unduly burdened with a condition to establish that the service provider was registered under port services. The learned counsel for appellant has placed reliance on the judgment in Commissioner Vs. Adani Enterprises Ltd., 2014 (35) S.T.R.741 (Guj.) wherein the Hon'ble High Court has considered the very same issue and held in favour of the assessee.
Supreme Court - Daily Orders Cites 0 - Cited by 14 - Full Document
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