<?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>2023 (12) TMI 951 - CESTAT CHENNAI</title>
    <link>https://www.taxtmi.com/caselaws?id=447267</link>
    <description>Refund of service tax could not be denied merely because lorry receipts were not produced, where the exporter substantiated the transportation charges through a Chartered Accountant&#039;s certificate and the service details were otherwise verifiable. The underlying use of the services for export of goods was not disputed, and the missing receipts were treated as a procedural lapse that could not defeat a substantive refund claim. The departmental approach was also inconsistent with the Board&#039;s circular, which recognised difficulty in obtaining lorry receipts and allowed certificate-based correlation. The rejection of refund was therefore unjustified, the order was set aside, and refund with consequential relief was sustained.</description>
    <language>en-us</language>
    <pubDate>Fri, 08 Dec 2023 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 22 Dec 2023 06:38:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=736229" rel="self" type="application/rss+xml"/>
    <item>
      <title>2023 (12) TMI 951 - CESTAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=447267</link>
      <description>Refund of service tax could not be denied merely because lorry receipts were not produced, where the exporter substantiated the transportation charges through a Chartered Accountant&#039;s certificate and the service details were otherwise verifiable. The underlying use of the services for export of goods was not disputed, and the missing receipts were treated as a procedural lapse that could not defeat a substantive refund claim. The departmental approach was also inconsistent with the Board&#039;s circular, which recognised difficulty in obtaining lorry receipts and allowed certificate-based correlation. The rejection of refund was therefore unjustified, the order was set aside, and refund with consequential relief was sustained.</description>
      <category>Case-Laws</category>
      <law>Service Tax</law>
      <pubDate>Fri, 08 Dec 2023 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=447267</guid>
    </item>
  </channel>
</rss>