Tribunals and CommissionsDivision Bench(2021) 06 CESTAT CK 0049

Calibre Chemicals Pvt Ltd vs C.C.E. And S.T.-Daman

Customs, Excise And Service Tax Appellate Tribunal · Decided on 25 June 2021

HON’BLE JUDGES
Ramesh Nair, J · Raju, Technical Member
RESULT
Allowed
CASE NUMBER
Service Tax Appeal No. 12282 Of 2018

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Judgment

33 paragraphs · 213 words

,,,

2,zzb,"Service provided by a commission

agent located outside India and

engaged under a contract or

agreement or any other document by

the exporter in India, to act on behalf

of the exporter, to cause sale of goods

exported by him.","(1)The exporter shall declare the amount of

commission paid or payable to the

commission agent in the shipping bill or bill of

export, as the case may be.

,,,"(2) The exemption shall be limited to one per

cent of the free on board value of export

goods for which the said service has been

used.

,,,"(3) The exemption shall not be available on

the export of canalised item, project export,

o r export financed under lines of credit

extended by Government of India or EXIM

Bank, or export made by Indian partner in a

company with equity participation in an

overseas joint venture or wholly owned

subsidiary.

,,,"(4) The exporter shall submit with the half

yearly return after certification of the same

as specified in clause (g) of the proviso-

(i) the original documents showing actual

payment of commission to the commission

agent; and

(ii) a copy of the agreement or contract

entered into between the commission agent

located outside India and the exporter in

relation to sale of export goods, outside India: