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    <title>2019 (12) TMI 655 - CESTAT CHENNAI</title>
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    <description>For SAD refund under Notification No. 102/2007-Cus., absence of the endorsement on a trader-importer&#039;s commercial invoices was not, by itself, a valid basis to deny relief where SAD was paid on import, VAT was discharged on resale, and the other documentary conditions were met. Rejection of the Chartered Accountant&#039;s certificate was unsustainable because its purpose was to establish correlation between SAD paid and VAT paid, and that correlation was undisputed. A difference between the Bills of Entry and sales invoices was treated as only a minor trade-description variation, not proof of sale of different goods, so the refund claim could not be rejected on that ground.</description>
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      <description>For SAD refund under Notification No. 102/2007-Cus., absence of the endorsement on a trader-importer&#039;s commercial invoices was not, by itself, a valid basis to deny relief where SAD was paid on import, VAT was discharged on resale, and the other documentary conditions were met. Rejection of the Chartered Accountant&#039;s certificate was unsustainable because its purpose was to establish correlation between SAD paid and VAT paid, and that correlation was undisputed. A difference between the Bills of Entry and sales invoices was treated as only a minor trade-description variation, not proof of sale of different goods, so the refund claim could not be rejected on that ground.</description>
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