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April 2014

[2014] 41 taxmann.com 259 (Ahmedabad – CESTAT) Indofil Chemicals Co vs. CCE.

By Puloma Dalal, Jayesh Gogri, Mandar Telang Chartered Accountants
Reading Time 1 mins
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Refund claim by SEZ Unit – What constitutes sufficient evidence for establishing services received and consumed in SEZ?

Facts:
The Appellant in SEZ received GTA services during the period April to September, 2009 and filed a refund claim. The adjudicating authority as well as the first appellate authority rejected the refund claim only on the ground that the Appellant did not produce documentary evidences in respect of taxable services provided to SEZ and consumed partially or wholly outside the SEZ.

Held:
Tribunal observed that the refund application is supported with the bills of transport companies, which indicate the consignors or beneficiary of the services as the Appellant in a particular Clause which is in SEZ. From the records, the Tribunal also observed that the said transport company is for transportation of the goods into the SEZ unit and also taking up the goods from the SEZ unit. These documents were held as sufficient evidence before the lower authorities to justify his refund claim and accordingly the claim was allowed.

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