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Issues: Whether the refund claim of service tax on input services used for export was liable to be rejected and recovered on account of mismatch between the invoices and the shipping bills submitted with the claim.
Analysis: The refund claim was filed under Notification No. 17/2009-ST dated 07.07.2009. The invoices produced with the claim pertained to later periods, while the shipping bills enclosed with the claim did not correspond to those periods. The mismatch between the export documents and the refund documents showed that the claim was not supported by matching records, and the finding of the Commissioner (Appeals) was based on this discrepancy.
Conclusion: The refund recovery was justified and the appeal failed.