Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2011 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (5) TMI 223 - AT - Central ExciseCENVAT Credit - Notification No.39/2001-CE, dt.31.7.01 - Exemption of duty in Kach area - where the appellants were required to deposit less amount to that extent in their PLA. In fact, it is the amount deposited by the appellant in cash in PLA and utilized for payment of duty by debiting their PLA, which is refunded to them in terms of Notification No.39/2001. It is their own money, which has subsequently came back to them. As such, the allegations of the Revenue that CENVAT Credit account was debited on the higher side so as to avail excess refund of duty paid out of PLA, cannot be upheld inasmuch as the entire exercise is revenue neutral and involving no revenue implications. - The appeal is allowed
|