2012 (11) TMI 870 - AT - Service Tax

Tribunal overturns order rejecting refund claim due to missing evidence, emphasizes importance of presenting all necessary evidence

M/s Lubrizol Advanced Materials India Pvt. Ltd. Versus Commissioner of Central Excise, Vadodara

M/s Lubrizol Advanced Materials India Pvt. Ltd. Versus Commissioner of Central Excise, Vadodara - TMI Issues:Refund of Service Tax paid by the appellant for inputs received.Analysis:The judgment pertains to an appeal against Order-in-Appeal No. Commr.(A)/05/VDR-I/2011, dated 13.01.2011, focusing on the issue of refund of Service Tax paid by the appellant for inputs received. The appellant, a 100% EOU, exported goods during April 2008 to June 2008 and claimed a refund for input services. The appellant submitted a refund claim on 04.04.2009, providing evidence to support their claim. However, it was noted that some annexures were missing, and not all evidence was presented before the first appellate authority. The first appellate authority emphasized the need for the appellant to produce necessary evidence to verify the genuineness of the claim. The impugned order rejected the refund claim solely due to non-production of evidence, prompting the Tribunal to set aside the order and remand the matter to the first appellate authority for reconsideration. The Tribunal directed the first appellate authority to review the appeal, ensuring the principles of natural justice are followed and considering any additional evidence presented by the appellant.In conclusion, the impugned order was overturned, and the appeal was allowed by way of remand. The judgment underscores the importance of presenting all necessary evidence to support refund claims and highlights the role of lower authorities in verifying the authenticity of such claims before sanctioning refunds. The Tribunal's decision emphasizes the need for due process and adherence to principles of natural justice in reconsidering appeals related to tax refunds.