2012 (12) TMI 475

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....e me since all the claims have been duly rejected.   2. Heard both the sides.   3.1. The learned advocate for the appellants submitted that the claims have been rejected mainly on four grounds and I proposed to discuss these four grounds separately.   3.2. The first ground taken for rejecting the claim is that the appellant had produced a chartered accountant s certificate as required by the Circular No. 6/2008 Cus. dated 28.04.2008 issued by the Board. The chartered accountant s certificate has been rejected on the ground that in the certificate, there was a sentence which is reproduced below: the procedures that we performed did not constitute a audit or a review made in accordance with the generally accepted au....

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....In the second circular, there is no requirement of certificate from the CA to show how the burden of 4% CVD (SAD) has not been passed on. The second circular makes it clear that the certificate should be given by the statutory auditor and the learned counsel submitted that the certificate in this case has been given by the statutory auditor only. Therefore, the submission of the learned AR that the certificate is incomplete since it does not say how the burden has not been passed on cannot be accepted. On going through the certificate, I find that the certificate clearly says that appellant has maintained proper accounts for purchase and sale of imported goods; has followed first-in-first-out principle, they have paid the SAD/CVD at the tim....

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....en taken CENVAT credit at all. Endorsement of invoices is a mere procedural requirement and failure to do so should not result any denial of substantive benefit of refund. He relies on the decision of the Tribunal in the case of Equinox Solution Ltd. Vs. CC 2011 (272) E.L.T. 210 (Tri.-Mum.). The learned DR fairly submits that he cannot cite any decision contrary to the decision cited above. I find that the Tribunal in the case of Equinox Solution Ltd. has taken the view canvassed by the learned counsel before me. However, since I propose to remand the refund claims for fresh consideration in view of my observations on other issue, I would consider it appropriate that the original authority taking into account the decision of the Tribunal ci....