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2017 (4) TMI 891 - AT - Central ExciseRefund of cenvat credit reversed earlier which was not required to be reversed - period of limitation - refund of an amount equal to 5% of the value of exempted goods reversed in terms of Rule 6 (3) of the CCR, 2004 - Whether the time limitation of one year as provided u/s 11B is applicable? - Held that: - There is no dispute that this amount does not represent excise duty. If this amount is not liable to be reversed, the same can be allowed as re-credit similarly in the manner as the Cenvat credit is allowed at the time of receipt of input/input service. Since the amount is not under the head of excise duty, the refund thereof does not fall under the term of Section 11B. Accordingly, limitation provided u/s 11B shall not be applicable in the present case where the respondent sought refund of an amount reversed in terms of Rule 6 (3) of CCR. However, an amount of ₹ 9,34,758/- plus interest of ₹ 3,25,000/- was confirmed as a demand in the adjudication process - The said order was not challenged by the respondent. Therefore, the demand of ₹ 9,34,758/- along with interest of ₹ 3,25,000/- attained finality - the amount of ₹ 9,34,758/- plus ₹ 3,25,000/- cannot be refunded to the respondent. Appeal allowed - decided partly in favor of appellant.
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