TMI Blog2015 (3) TMI 1078X X X X Extracts X X X X X X X X Extracts X X X X ..... e notice proposing to reject refund claim that the cost of coal had been absorbed in the cost of production and therefore by not showing that SAD was not included, there was a contradiction between the subsequent claim before the Commissioner(Appeals) and before the original authority. Moreover what exactly was the position in 2007-08 and what are provisions of requirements of Accounting Policies (Directors Responsibility Statement pursuant to Section 217(2)AA) also has not been considered in detail. It would be appropriate if the original authority reconsiders the issue by looking into the Cost Accountant’s certificate as well as the contradictions between the reply to the show-cause notice and the Cost Accountant’s certificate if any. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2006 and the assessment was made provisionally since the documents furnished by the assessee were not sufficient. At the time of import and provisional assessment, SAD at 4% was also collected. Subsequently, the assessment was finalized on 20th July 2007. During the final assessment, the SAD was held as not to be payable and consequentially the importer filed a refund claim for an amount of ₹ 42,45,654/-. Refund claim was rejected on the ground that assessee themselves had submitted that the cost of coal including SAD part had been absorbed in the cost of production. The assessee had also submitted a Chartered Accountant s certificate but it was held that the Chartered Accountants certificate revealed that the amount was shown as rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Responsibility Statement pursuant to Section 217(2)AA) also has not been considered in detail. It would be appropriate if the original authority reconsiders the issue by looking into the Cost Accountant s certificate as well as the contradictions between the reply to the show-cause notice and the Cost Accountant s certificate if any. There is also a need to examine the effect of Directors Responsibility as mentioned in the OIO. For these purposes, the matter has to be remanded to the original authority. 7. In view of the above discussion, the impugned order is set aside and the matter is remanded to the original authority for fresh consideration of all the issues as discussed above. (Order pronounced and dictated in open court) - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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