Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (1) TMI 1320 - CESTAT BANGALORE100% EOU - refund claim - appellant could not have filed the claim every month relying upon Paragraph 2 which deals with filing of such refund claims, refund claim has been rejected - Held that: - A 100% EOU can file refund claim for each calendar month. The quantum of export principle is applicable only for domestic units and if intention was to incorporate such a condition, it would have been mentioned in Paragraph 2(b) also. In the absence of such mention, the clause cannot be read into paragraph ‘b’. When the deemed exports are made, it results in accumulation of Cenvat credit also - value of deemed exports cannot be taken into account also cannot be accepted. Appeal allowed - decided in favor of appellant.
|