TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal overturns decision denying refund claim under SAD notification, stresses fair evaluation</h1> <h3>M/s. Good Luck Traders Versus CC, Noida</h3> The Tribunal set aside the decision denying the refund claim of Special Additional Duty (SAD) under notification no.16/2008-Cus, remanding the case for a ... Rejection of refund claim - Refund of SAD under notification no.16/2008-Cus dated 13.10.2008 - Claim denied due to non appearance before adjudicating authority - and non submission of deficiency memo within the stipulated period - Ex parte order passed - Held that:- when the sales invoices showed the amount of SAD as zero, the same is sufficient compliance with the condition of endorsement of invoices to reflect that SAD has not been passed on to the buyers and in such a situation , the refund claim of SAD cannot be rejected on the ground that declaration regarding non-admissibility of Cenvat Credit of SAD was not made. The other ground on which the refund claim of SAD has been rejected is that the original documents regarding payment of VAT/CST and correlation of VAT/CST challans with the import documents has not been given. The appellant's contention is that they can satisfy the original adjudicating authority in respect of all the points but they were not given the opportunity. In view of this, the impugned order has to be set aside and the matter has to be remanded back to the original adjudicating authority, who shall decide the matter after hearing the appellants. The impugned order is, therefore, set aside and the matter is remanded to the original adjudicating authority for de novo decision after hearing the appellants on all the points raised in the deficiency memo - Decided in favour of assessee. Issues:1. Refund of Special Additional Duty (SAD) under notification no.16/2008-Cus.2. Denial of refund claim by the Assistant Commissioner and Commissioner (Appeals).3. Non-compliance with conditions for refund of SAD.4. Ex parte order passed without hearing the appellant.5. Requirement of declaration on sales invoices regarding non-admissibility of Cenvat Credit.6. Original documents regarding payment of VAT/CST and correlation with import documents not provided.Analysis:1. The appellant imported heavy melting scrap/S.S. Scrap and paid special excise duty leviable under Section 3 (5) of the Indian Customs Tariff Act. They subsequently sold the goods to other persons, claiming a refund of SAD under notification no.16/2008-Cus. The conditions for the refund included paying all customs duties at the time of importation, indicating no credit of SAD on sales invoices, filing the refund claim within one year, and proving payment of VAT/CST on the sale of goods. However, deficiencies were found in the appellant's refund claim, leading to its rejection by the Assistant Commissioner and Commissioner (Appeals).2. The appellant argued that the orders rejecting the refund claim were ex parte, denying them the opportunity to address the deficiencies mentioned in the memo. They contended that all conditions for the refund were met, especially since the sales invoices did not mention SAD, making the declaration on non-admissibility of Cenvat Credit unnecessary. Citing relevant tribunal judgments, the appellant asserted that technical infractions should not deny the benefit of the notification.3. The Departmental Representative defended the impugned order, highlighting the appellant's failure to provide necessary declarations on original sales invoices and documents proving payment of VAT/CST. The representative argued that the ex parte decision was justified due to the appellant's non-appearance before the adjudicating authority and the lack of explanations for the deficiencies.4. The Tribunal analyzed the case, noting that the original adjudicating authority's ex parte order lacked a hearing for the appellant. Reviewing the sales invoices, it found that SAD was not mentioned, indicating that buyers could not avail Cenvat Credit. The Tribunal referenced previous judgments to support the appellant's position that the absence of a declaration should not be grounds for rejecting the refund claim. It concluded that the matter should be remanded to the original adjudicating authority for a fresh decision after hearing the appellant and considering relevant tribunal decisions.5. In the final order, the Tribunal set aside the impugned decision and remanded the case for a de novo decision, emphasizing the importance of hearing the appellants and considering tribunal precedents while evaluating the conditions for the SAD exemption notification. The Tribunal directed the adjudicating authority to ensure compliance with the principles established in previous tribunal cases to make a fair and informed decision.
TaxTMI 
TaxTMI 
