Refund cannot be rejected on flimsy grounds as it defeats the very purpose of rebate schemes


Quick Summary
The CESTAT has ruled that service tax refunds for exporters should not be rejected on minor technicalities. In this case, the refund was initially sanctioned but later overturned by the Commissioner (Appeals) due to the absence of a cross-objection and a CA certificate. However, the CESTAT reinstated the refund, stating that the Commissioner could have requested these documents. The tribunal emphasised that the purpose of rebate schemes is to support Indian exporters, and rejecting claims on flimsy grounds undermines this objective.

Court :
CESTAT, Kolkata

Brief :
In M/s. Nupur Viniyog Private Limited v. Commissioner of CGST & CX, Kolkata South Commissionerate [Service Tax Appeal No.75701 of 2018 decided on July 9, 2021] M/s. Nupur Viniyog Private Limited ('the Appellant') filed refund of Service Tax paid on the taxable specified services for export of goods made under Bills of Export.

Citation :
Service Tax Appeal No.75701 of 2018 decided on July 9, 2021

In M/s. Nupur Viniyog Private Limited v. Commissioner of CGST & CX, Kolkata South Commissionerate [Service Tax Appeal No.75701 of 2018 decided on July 9, 2021] M/s. Nupur Viniyog Private Limited ('the Appellant') filed refund of Service Tax paid on the taxable specified services for export of goods made under Bills of Export.

Order-in-Original ('OIO')- Sanctioned refund. Being aggrieved, Department filed appeal before Commissioner (Appeals).

Order-in-Appeal ('OIA')- Allowed Department's appeal on the ground that no Cross Objection was filed by the Appellant against the Department's appeal and that the CA Certificate was not submitted by the Appellant. Being aggrieved, the Appellant preferred present appeal.

The Appellant contended that Cross Objection was filed on May 27, 2016 wherein it was mentioned that CA Certificated dated May 20, 2015 was filed along with refund application and same was reiterated in personal hearing dated November 22, 2017.

Hon'ble CESTAT, Kolkata- Noted that detailed OIO was passed and all the documents/ notifications/ conditions were discussed and refund was sanctioned. Further, stated that Commissioner (Appeals) could have asked for copy of cross objection and CA Certificate and the same cannot be the ground for rejection of refund.

Held that once it has been established that export had taken place and Service Tax was paid on export by the Appellant in terms of the relevant notification, refund must be granted.

Further, set aside the OIA and upheld OIO. Stated that substantive benefit should not be denied to the Appellant if conditions are fulfilled. Sole intention of the Government to bring out the rebate schemes is to promote the Indian exporters to enjoy a level playing field and to compete with the exporters of other countries in the global market; if the refund claims are rejected on such flimsy grounds, it defeats the very purpose of rebate schemes and traps the exporters under unnecessary litigations.

FAQ :

No, the CESTAT has held that a refund cannot be rejected solely on the grounds of not filing a cross-objection, especially if the substantive conditions for the refund are met.

The Commissioner (Appeals) rejected the refund primarily because the appellant did not file a cross-objection against the department's appeal and allegedly did not submit a CA Certificate.

The CESTAT noted that the CA Certificate was submitted with the refund application and reiterated during the personal hearing. It stated that the Commissioner (Appeals) could have requested a copy rather than rejecting the refund on this basis.

The sole intention of rebate schemes is to promote Indian exporters, enabling them to compete effectively in the global market by providing a level playing field.

If refund claims are rejected on flimsy grounds, it defeats the purpose of the rebate schemes and leads to unnecessary litigation for exporters.

 



Judgement posted by

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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