2020 (3) TMI 370

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....d by the Ld. Commissioner of Central Tax & Customs (Appeals), Guntur. 2. Briefly stated, the facts of the case are that the appellant herein has filed a refund claim on 09.05.2018 before the jurisdictional Service Tax authority, claiming refund of CENVAT Credit amounting to Rs. 3,29,90,237/- on the ground that such credit was availed by the appellant in conformity with the CENVAT statute. The department initiated show cause proceedings for rejection of the refund claim. The show cause notice was adjudicated vide Order-in-Original No. 267/2017-18, dated 08.01.2018, wherein the Ld. Asst. Commissioner of Central Excise had sanctioned the refund amount in question in favour of the appellant. Aggrieved by the said adjudication order dated 08.....

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....tes the findings recorded in the impugned order and further submits that since no specific records were submitted by the appellant before the Ld. Commissioner (Appeals), allowing the Revenue's appeal in the impugned order is in confirmity with the statutory provisions and the findings recorded in the impugned order cannot be disturbed at this juncture. 5. Heard both sides and perused the case records. 6. On close examination of the adjudicating order dated 08.01.2018, passed by the Ld. Asst. Commissioner of Central Excise, Nellore, we find that the appellant had specifically stated that the amount in question was reflected as claims receivable in the balance sheet and as such, the incidence of such refund claim amount has not been pas....

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....dras High Court in the case of Shoppers Stop Ltd. Vs. Commissioner of Customs, Chennai, reported in [2018(8)G.S.T.L 47 (Madras)], Ld. Commissioner (Appeals) has denied refund benefit to the appellant herein. On perusal of the said judgment delivered by the Hon'ble Madras High Court, we find that no books of accounts in that case were produced by the Department and based on Chartered Accountant certificate alone, the assessee had claimed the refund, which was denied by the Hon'ble High Court. Contrary is the case in hand, inasmuch as the appellant herein has specifically produced the profit & loss account as well as the balance sheet for the relevant period, both before the original as well as first appellate authority, to demonstrate that t....