Abhishek Raja "Ram"
2 days ago
šš²ššš®š š ššŗšÆš®š¶ š„šš¹š¶š»š“ š¼š» š„š²š³šš»š± šš¹š®š¶šŗš š³š¼šæ š¦šš šØš»š¶šš š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: "Refund claims cannot be denied without issuing notice under Rule 14 of the CENVAT Credit Rules, 2004. Attested photocopies of invoices can be accepted as proof of payment of duty. Appeal partly allowed."
š šš®š°šš: šš½š½š²š¹š¹š®š»š: M/s. WNS Global Services Pvt. Ltd. ššššš²: Refund claims for SEZ unit's input service tax credits were rejected due to missing invoices and disputed nexus with exported services.
āļø ššš±š“š²šŗš²š»š: The Tribunal held that refund claims cannot be denied under Rule 5 without issuing notice under Rule 14. Attested copies of invoices are valid if originals are with the department. For claims rejected due to nexus or address mismatches, the matter was remanded for re-examination.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: M/s. WNS Global Services Pvt. Ltd. vs. Commissioner of CGST, Navi Mumbai š¢šæš±š²šæ šš®šš²: 28 February 2023 š This ruling reinforces the procedural safeguards in refund claims under Rule 5 and the admissibility of attested documents in cases where originals are unavailable.
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