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2017 (9) TMI 1742 - AT - Central ExciseRejection of Refund claim - whether the appellant can take, utilise Cenvat Credit during the month subsequent to the months in which these were available when the appellants are availing exemption benefit under N/N. 32/99-CE? Held that:- On plain reading of Para 2B of N/N. 32/99-CE, it is clear that the manufacturer would utilise the whole of Cenvat Credit first and thereafter will pay the amount by cash which would be refunded - In the present case, the appellant had not utilised the credit first which was retained by them. Hence, the order of the Adjudicating Authority for recovery of the said amount is justified. Appeal dismissed - decided against appellant.
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