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2011 (4) TMI 1125 - AT - Central ExciseCenvat credit – Refund - appellants reversed the CENVAT credit under protest. After one year when no show-cause notice was issued and when no intimation regarding the offence committed by them, the appellants took back the amount of CENVAT credit reversed by them in the CENVAT account and intimated to the department – Held that:- reversal mde under protest therefore refund claim cannot be rejected on the ground of limitation, stay petition is allowed and the impugned order is set aside as far as penalty is concerned, duty demand is upheld which will be reversed with interest and the refund claim filed by the appellants will be considered favourably within one month from the date of filing of refund claim
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