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2018 (7) TMI 997 - AT - Central ExciseTransitional Credit - MODVAT scheme - Cash Refund - The ld. counsel submitted that the issue with regard to demand of ₹ 54,06,249/- has attained finality wherein the issue was held in favor of the appellant vide Order-in-Appeal No.47/2010 dated 4.8.2010 and therefore the question of adjustment of ₹ 8,13,816/- does not arise - Held that:- It is very much clear that the adjudicating authority as well as the Commissioner (Appeals) have floated the order passed by the Tribunal by rejecting the refund claim of the appellant - the partial rejection of refund is against the order passed by Tribunal and therefore cannot sustain - appeal allowed - decided in favor of appellant.
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