2010 (8) TMI 189 - AT - Service Tax

Appellants are engaged in manufacture of ceramic tiles which they also export - Under Notification No. 41/2007-S.T., dt. 6-10-2007, the Government had exempted service tax paid by an assessee for transportation of export goods from different ICDs in the country to the gate way port - Held that - vital document necessary to sanction the claim viz. TR6 challan for proof of payment of service tax was furnished with the authorities only on 30-5-2008 - submission of the appellant is that copy of the challan could not be obtained from the concerned bank owing to connectivity problem on 29-5-2008 - Department was in possession of the refund claim with all the necessary documents on 30-5-2008 - appellant had satisfied all the conditions of the notification to qualify for the refund of Rs. 53,071/- allowed by the Original Authority. As regards the balance amount of Rs. 69,273/-, the impugned order does not give any reason why the same has to be recovered from the appellants - assessee to the entire claim with reference to the terms of the notification and found them to be eligible for refund of both the amounts - Appeal is allowed

Summary

Issues:
Claim for refund of service tax paid on transportation of export goods under Notification No. 41/2007-S.T. and subsequent amendment by Notification No. 3/2008-S.T.

Analysis:
The appellant, a ceramic tiles manufacturer engaged in export, filed a claim for refund of service tax paid on transportation of export goods from different ICDs to the gateway port under Notification No. 41/2007-S.T. The Original Authority restricted the claim amount due to a discrepancy in the relevant quarter. Subsequently, an amendment by Notification No. 3/2008-S.T. extended the exemption to service tax paid for transportation from the place of removal to the ICD. The appellant then claimed an additional amount which was allowed by the Original Authority. However, the Commissioner, in the impugned order, ordered recovery of the total amount sanctioned and paid to the appellant.

The appellant contended that they had filed the complete refund claim within the prescribed 60 days of the end of the quarter, as required by the notification, and thus, were entitled to the refund amount. The Commissioner's order was challenged on the grounds that the appellant had complied with the conditions of the notification for the refund of Rs. 53,071. The appellant argued that the refund claim was submitted on time, even though the tax due was credited to the bank on the 60th day.

The Commissioner's decision was scrutinized, and it was found that the appellant had indeed fulfilled all conditions for the refund of Rs. 53,071 as allowed by the Original Authority. However, no reason was provided in the impugned order for the recovery of the balance amount of Rs. 69,273. The Original Authority had already analyzed the appellant's entitlement to the entire claim and found them eligible for the refund of both amounts totaling Rs. 1,22,344. Consequently, the impugned order was set aside, and the appeal was allowed in favor of the appellant, M/s. Regency Ceramics Ltd., Yanam, with any consequential relief.

This detailed analysis of the judgment highlights the interpretation and application of the relevant notifications, the compliance with procedural requirements for claiming refunds, and the authority's discretion in granting or recovering refund amounts based on the fulfillment of conditions specified in the notifications.