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2017 (1) TMI 1127 - CESTAT NEW DELHISSI Exemption number 08/03-CE dated 01.03.2003 - denial on the ground that the assessee has availed CENVAT credit - The appellant initially availed Cenvat Credit on capital goods to the extent of ₹ 15,317/-, however have reversed the same - whether the SSI benefit will be extended to the appellant? - Held that: - Once the credit availed has been reversed it is to be considered as ab initio not availed as held in the case of Chandrapur Magnet Wires (P) Ltd. vs. CCE Nagpur [1995 (12) TMI 72 - SUPREME COURT OF INDIA] - the appellant will be eligible for the SSI benefit under N/N. 08/03. Payment of Excise duty under protest - rejection of refund claim - Held that: - since the appellant will be entitled to the SSI benefit, the refund for the above amount will be admissible on merits. However, the amount will be paid subject to satisfaction of all the conditions prescribed in section 11B. Appeal allowed - decided in favor of appellant.
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