The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) Chennai, on last Tuesday set aside the action of rejecting a refund claimed by Wipro and held that the photocopies of bills of Entry, TR6 challans and sales invoices produced should be held admissible for claiming the refund.
The Appellants, Wipro Ltd., filed the refund claim for refund of special additional duty (SAD). The original authority rejected the refund claim on the ground that only photocopies of the Bills of Entry, TR6 challans and sales invoices were produced by the appellant. Thus, for want of production of original documents, refund claim was rejected, which was later upheld by Commissioner (Appeals).
The counsel on behalf of the appellants pleaded that when there is no dispute with regard to the correlation of the import and the sales invoices as supported by Chartered Accountantâs certificate, the rejection of refund is unjustified. Also, the department cannot insist on producing originals of the documents when the notification itself says that the copies of the document have to be provided.
The Tribunal bench comprising of Judicial Member Sulekha Beevi C.S. and Technical Member Madhu Mohan Damodhar found out that there was no requirement of producing the originals before the refund sanctioning authority as it wasnât specified anywhere in law.
while granting relief to the assessee-Company, the bench said that âOn perusal of Notification No.102/2007, we find that there is no requirement of producing the originals before the refund sanctioning authority. Therefore the authorities below cannot insist that the appellant has to produce the original document. The original authority has noted in the order that the appellant has produced copies of all documents along with Chartered Accountantâs certificate. In such circumstances, the rejection of the refund claim stating that the appellant has not produced original Bills of Entry, TR6 challan and sales invoices is unjustified. The Circular clarifies the same.â
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