2021 (9) TMI 969 - AT - Customs

Customs Act refund claim allowed after court finds authorities overlooked verification report

M/s. Manglam Arts Versus Commissioner, Central Goods & Service Tax, Jaipur

M/s. Manglam Arts Versus Commissioner, Central Goods & Service Tax, Jaipur - TMI Issues:1. Rejection of refund claim based on alleged mismatch of goods description in invoices.2. Consideration of verification report in the decision-making process.Issue 1: Rejection of refund claim based on alleged mismatch of goods description in invoicesThe case involved a dispute regarding the rejection of a refund claim of &8377; 1,76,905/- filed by the appellant under Section 128 A (3) of the Customs Act, 1962. The dispute arose from the re-import of defective and rejected goods along with other items exported for exhibition purposes. The Department alleged that the description of the re-imported defective goods did not match the description in the relevant invoice. The Original Adjudicating Authority initially confirmed the rejection of the refund claim. However, upon appeal, the matter was remanded for re-examination. The subsequent Order-in-Original maintained the rejection of the refund claim, which was upheld in the order under challenge by the Commissioner (Appeals).Issue 2: Consideration of verification report in the decision-making processThe appellant argued that there was no difference between the exported and re-imported goods, emphasizing a verification report supporting this claim. It was contended that the confusion arose due to filing a common Bill of Entry for both types of goods. The appellant asserted that the authorities failed to consider the verification report adequately, leading to the rejection of the refund claim. On the other hand, the Department argued that the onus was on the appellant to provide evidence disproving the alleged mismatch in goods description. Despite the verification report, the Department maintained that the appellant failed to explain the alleged discrepancy adequately.In the judgment, the Member (Judicial) analyzed the case meticulously. It was observed that the Department's verification report confirmed the identity of goods as declared in the relevant invoices, contradicting the allegation of a mismatch. The Member noted that the initial findings and subsequent decisions had erroneously overlooked this crucial verification report. Consequently, the order under challenge was set aside, and the appellant was deemed entitled to the refund claim due to the Department's own reports refuting the alleged mismatch. The appeal was allowed, granting the appellant consequential benefits.This detailed analysis of the judgment highlights the critical issues of the case and the reasoning behind the decision to set aside the rejection of the refund claim.