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2023 (9) TMI 646 - SC ORDER
Rejection of Refund of excise input credit, after adjustment of the tax liability for the relevant period towards the output liability - N/N. 1/2005-CE - HELD THAT:- The findings of the lower authorities in the opinion of this Court are unclear as to what was the relevant period. Although there is a reference to under Section 11 B of the Central Excise Act; the exact period in this case would be determinative.
In case, the appellant had indeed sought refund of excess credit or whatever credit was lying to its account as on the date it applied for exemption under Notification No. 1/2005-CE, its arguments before this Court would be justified. In these circumstances, the impugned order and the orders of the lower authorities are hereby set aside. The matter is remitted to the appellate commissioner to decide whether the controversy in respect of which period the appellant had claimed refund of credit and if its contention is valid and justified, to what extent to which it is entitled to any relief.
Appeal allowed by way of remand.