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2018 (8) TMI 1273 - CESTAT BANGALOREUtilization of CENVAT Credit - case of appellant is that they did not utilize any Modvat/Cenvat credit relating to period from 01.04.2000 to 16.06.2001 since the entire credit has been paid by the appellant on 26.07.2001 in the PLA - Held that:- The adjudicating authority had confirmed the demand of ₹ 17,20,82,858/- by denying them the same. By permitting the appellant to retrospectively opt out of modvat credit scheme on the basis of CBEC vide D.O.F. No. 267/07/2002-CX-8 dated 31.03.2002, the Ld. Commissioner (Appeals) has taken a fair and judicious view in the matter and has rightly rejected the proposal in the order-in-original to demand the full credit taken for the period from 01.04.2000 to 16.06.2001 - the Ld. Commissioner (Appeals) has correctly ordered the re-quantification after allowing the appellants to opt out with effect from 31.03.2001. The appellant have pleaded that the refund of ₹ 40 lakhs was adjusted against the re-quantified demand of ₹ 1.43 Crores - Held that:- There was indeed an ongoing correspondence between the Department and the appellant in this regard and appellant had undertaken to submit a letter withdrawing their claim for refund of ₹ 4.38 Crores. Therefore, the appellant would be at liberty to approach the lower authorities in respect of the appellants' claims that they have paid more duty, than the re-quantified amount. The lower authorities will examine their claim in accordance with law. Appeal dismissed - decided against appellant.
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