Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2009 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (9) TMI 666 - HC - Central ExciseCenvat credit - petitioner paid excise duty in advance, when the petitioner sought permission to store the molasses in kutcha earthern pits - excise duty was paid by taking the market value as on the date of storage. But by the time they were actually sold, the market price fell - Department disputes the claim for refund on two grounds viz. (i) that their claim for remission was rejected earlier and it had attained finality and (ii) that the claim for refund was made beyond the period of limitation prescribed under Section 11-B of the Central Excise Act, 1944 – Held that:- “relevant date” are defined in Explanation (B) under Section 11-B. Sub-clause (eb) under Explanation (B) defines a relevant date to mean the date of adjustment of duty after final assessment in case where the duty on excise is paid provisionally under the Act. Therefore the claim of the petitioner for refund cannot be said to be beyond the period of limitation, writ petitions are allowed and the respondents are directed to refund the excess duty payable to the petitioner, after appropriating the duty in respect of the goods actually sold with reference to their sale value
|