Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2012 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (9) TMI 920 - HC - Central ExciseDenial of refund claim - Refund of unutilized CENVAT Credit - High Court admitted the appeal of Revenue against the decision of Tribunal wherein Tribunal held that assessee is eligible for the refund of unutilised accumulated credit on opting out of Modvat Scheme excluding the reversed credit involved in inputs, work in process and finished goods lying in stock on the date of opting out of Modvat Scheme. High Court admitted the appeal on following substantial questions of law:- Whether in the facts and circumstances of the case and in law, the Tribunal is justified in allowing the appeal of the Respondent and holding that the Respondent is entitled for refund in cash when in fact and as a matter of fact the Respondent failed to prove that the said accumulated balance of Cenvat credit is due to the duty free clearance of the goods exported? Whether in the facts and circumstances of the case and in law, the Tribunal is justified in allowing the appeal of the Respondent for refund claim, when the Respondent failed to discharge their burden under Rule 5 of the CENVAT Credit Rules, 2004? Whether in the facts and circumstances of the case and in law, the Tribunal is justified in following the judgment of Karnataka High Court in the case of Union of India v. Slovak India Trading Co. Pvt. Ltd. reported in [2006 (7) TMI 9 - HIGH COURT OF KARNATAKA (BANGALORE)] when the facts in the said case and that in the present case are distinct and different and the ratio in the said judgment does not apply to the present case? Whether in the facts and circumstances of the case and in law, the order of CESTAT is contrary to the evidences on record and hence perverse?
|