<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2017 (5) TMI 184 - CESTAT NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=342446</link>
    <description>Refund claims under Notification No. 41/2007-ST were rejected for alleged gaps in correlation and supporting documents, but the record showed a tabulated linkage of invoices, shipping papers and tax particulars, with sample invoices containing the essential particulars required by the notification. Because the lower authorities did not identify which mandatory condition had failed or which specific document was deficient, the rejection could not stand on the existing record. In export-linked refund matters, procedural lapses should not defeat substantive entitlement where basic eligibility materials are on record, though the documents must still be examined in detail. The impugned order was set aside and the matter remanded for fresh adjudication after verification of the records.</description>
    <language>en-us</language>
    <pubDate>Mon, 06 Mar 2017 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 04 May 2017 08:04:16 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=467515" rel="self" type="application/rss+xml"/>
    <item>
      <title>2017 (5) TMI 184 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=342446</link>
      <description>Refund claims under Notification No. 41/2007-ST were rejected for alleged gaps in correlation and supporting documents, but the record showed a tabulated linkage of invoices, shipping papers and tax particulars, with sample invoices containing the essential particulars required by the notification. Because the lower authorities did not identify which mandatory condition had failed or which specific document was deficient, the rejection could not stand on the existing record. In export-linked refund matters, procedural lapses should not defeat substantive entitlement where basic eligibility materials are on record, though the documents must still be examined in detail. The impugned order was set aside and the matter remanded for fresh adjudication after verification of the records.</description>
      <category>Case-Laws</category>
      <law>Service Tax</law>
      <pubDate>Mon, 06 Mar 2017 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=342446</guid>
    </item>
  </channel>
</rss>