2018 (2) TMI 624 - AT - Central Excise

Suo motu re-credit of the duty initially paid/reversed in their books of accounts after a period of time - Held that - Both sides fairly agree that it would be inappropriate to decide the issue following the Division Bench judgment when the matter is on Board of the High Court. In similar circumstances this Tribunal in the case of Ashapura Volclay Ltd. and others Vs. C.C. Jamnagar - 2017 (6) TMI 659 - CESTAT - Ahmedabad following the principle laid down by the Larger Bench disposed of the matter with the liberty to approach the Tribunal after disposal of the cases pending before the higher forum. Following the said judgment the present appeals are also disposed of with the liberty to both sides to approach the Tribunal soon after the verdict of the Hon ble High Court in the pending Appeal against the Division Bench judgment of this Tribunal in Garden Silk Mills Ltd. s case (2015 (12) TMI 942 - CESTAT AHMEDABAD). Needless to mention no recovery nor any refund would be processed during the period.

Summary

Issues involved:
Whether the Appellant-Assessee could avail suo motu re-credit of duty initially paid/reversed in their books of accounts after a period of time.

Analysis:

The judgment by the Appellate Tribunal CESTAT Ahmedabad involved a common issue across multiple appeals. The main issue was whether the Appellant-Assessee could avail suo motu re-credit of duty after a period of time. The Advocate for the Assessee argued that a related appeal was pending before the Hon'ble Gujarat High Court, and it would be inappropriate to decide the issue until the High Court's verdict. The Tribunal referred to a similar case where the matter was disposed of with the liberty to approach the Tribunal after the higher forum's decision. Following this principle, the present appeals were also disposed of with the liberty for both sides to approach the Tribunal after the High Court's verdict. It was emphasized that no recovery or refund would be processed during this period, and the appeals were thus disposed of accordingly.