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2019 (10) TMI 592

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..... ase on hand, with regard to the appellant s claim of issuing credit note, there is no counter by the Revenue and from the above, therefore, the credit note coupled with the confirmation by M/s. CIFCL is sufficient enough to hold that the appellant is in fact entitled to the refund. The Revenue authorities have not found the ineligibility of the appellant for refund or otherwise for want of any legal requirement, etc. Appeal allowed - decided in favor of appellant. - Service Tax Appeal No. 41041 of 2019 - FINAL ORDER NO. 41164 / 2019 - Dated:- 15-10-2019 - MR. P. DINESHA, MEMBER (JUDICIAL) Shri. N.K. Bharath Kumar, Consultant for the Appellant Shri. K. Veerabhadra Reddy, Authorized Representative for .....

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..... or refund was incorrect or wrong for the reasons unearthed by him independently. 2.2 The above Order-in-Original was challenged before the Ld. First Appellate Authority, namely, the Commissioner of G.S.T. and Central Excise (Appeals-II), Chennai, wherein the appellant reiterated its grounds and pleas and the Ld. First Appellate Authority having upheld the rejection order, the appellant is before this forum. 3. When the matter was taken up for hearing, Shri. N.K. Bharath Kumar, Ld. Consultant, appeared for the assessee and Shri. K. Veerabhadra Reddy, Ld. Departmental Representative, appeared for the Revenue. 4. Ld. Consultant for the appellant reiterated his arguments urged before the lower authorities .....

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..... s inactive exhibits; the financial adjustment is manifested as entries in journals and ledger to impact the consideration made over and received for any goods supplied or service rendered. With credit notes being a conventional method of reflecting the change in consideration, and its authenticity not having been refuted, reliance has necessarily to be placed on the net effect that it has on the taxable transaction. Reversal of brokerage carries with it the reversal of tax collected along with the excess brokerage. . Finally, the Bench has observed that the issuance of credit note automatically curtails the entitlement and their existence suffices to enforce reversal in the course of scrutiny of returns or audit . .....

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