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TMI Blog2019 (11) TMI 1205X X X X Extracts X X X X X X X X Extracts X X X X ..... to either undertake an enquiry, or direct any of the lower authorities to proceed in that direction merely on the basis of apprehensions entertained by the Committee of Commissioners. Appropriately, a responsible approach on the part of the Committee would have been to enunciate some facts that could reasonably lead to such conclusion. In the absence thereof, this ground is not tenable. In fact, the apprehension that appears to have led by the Committee on that path is apparent from reference to the amount involved in the refund, superfluous though it be. The withdrawal of the exemption for a limited period was considered to be crucial enough for reconsideration and it is with full authority of Parliament that the exemption was not only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent herein filed on 30th August 2016, its claim for refund of tax included the dues of ₹ 43,16,39,802/- payable to M/s. Afcons Infrastructure Ltd and of ₹ 5,45,36,119/- to M/s ITD Cementation India Ltd. In effect, though the tax liability had been discharged by these two sub-contractors and the recipient of the service was the contractor of Jawaharlal Nehru Port Trust charged with execution of the project, eligibility for the claim was sought as person who had borne the incidence of tax. 4. The original authority, and the first appellate authority, examined the eligibility for application of retrospective exemption and held that the claim had been filed within the time prescribed in section 103 of Finance A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ility for benefit of any exemption notification. 7. Having considered the rival submissions, we are of the opinion that the impugned order cannot be assailed for non-compliance with the certification prescribed in the exemption notification as the certificate furnished, though issued on the letterhead of the Port Trust, has been attested by the Deputy Secretary in the Ministry of Shipping, Government of India. The exemption notification has not prescribed the form or manner in which the certificate of the Ministry is to be authenticated. Attestation of the certificate signed by Chairman, Jawaharlal Nehru Port Trust by the competent authority in the Ministry of Shipping, therefore, suffices as compliance. 8. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd, and the consequence of capitalisation of this amount would enable availment of benefit of depreciation which would be passed on as cost to customers. It has been brought to our notice by Learned Chartered Accountant that the response to the objection on the claim for refund is not necessarily a correct or proper reflection of the treatment accorded by the respondent. It was submitted that there has been no amortisation, or capitalisation, of the said amount and, on the contrary, as held by the first appellate authority, the refund amount is reflected in the books of accounts as dues from the government of service tax refund receivable within the category of Advance- Capital Creditors . It was also clarified that the suggested account ..... X X X X Extracts X X X X X X X X Extracts X X X X
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