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CESTAT : Allows SAD refund on supply by EPC contractor, when 'title' transfer undisputed

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CESTAT dismisses Revenue appeal, supply of imported equipments & material by EPC contractor to main contractor for power plant project under ICB, eligible for SAD refund under Notification No. 102/2007-Cus; Sales Tax Authorities accepted sale of goods basis invoices and confirmed CST payment, and perusal of agreement would reveal that title of goods would stand transferred to main contractor as soon as invoices raised by EPC contractor, therefore, sale complete on such title transfer, holds CESTAT; Revenue cannot question basis of sales transaction, said Notification stipulates conditions for availing exemption and determines prescribed method, which has been duly fulfilled by assessee; Also rejects Revenue’s view that since finance arranged by main contractor, there is no sale transaction between EPC contractor and main contractor, states that arrangement of finance is within domain of sale and purchase of two parties, which is common in nature; Relies on SC ruling in Vadilal Chemicals Ltd and observes, "Customs authority cannot go beyond the sale transactions by disputing the nature of sales  : Ahmedabad CESTAT

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Guest Sunday, 19 November 2017

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