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2018 (2) TMI 15

Head Note:
Rebate claim - the petitioner's request is that if rebate is not to be granted on such additional amount of CIF value of goods, such extra amount be recredited to the Cenvat account of the petitioner - Held that: - undisputed facts are that the petitioner had paid excise duty on CIF value of goods exported. The petitioner does not dispute the stand of the Government of India that excise duty was payable on FOB vale and not on CIF value. The Government of India also does not dispute the petitioner's stand that in such a case the additional amount paid by the petitioner would be in the nature of deposit with the Government which the Government cannot withhold without the authority of law. If these facts are established, a simple corollary thereof would be that the the amount has to be returned to the petitioner. If therefore, the petitioner's request was for re- credit of such amount in Cenvat account, same was perfectly legitimate.

The respondents are directed to recredit the excess amount paid by the petitioner categorising as excise duty of CIF value of the goods to the Cenvat credit account.

Petition allowed - decided in favor of petitioner.

 


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