Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (11) TMI 1369 - AT - Central ExciseRefund of accumulated CENVAT Credit - export of goods - Rule 5 of the CENVAT Credit Rules, 2004 - Held that:- The Hon’ble Madras High Court in its judgement in COMMISSIONER VERSUS BALA HANDLOOMS EXPORTS CO. LTD. [2015 (10) TMI 694 - MADRAS HIGH COURT] has recorded a finding after recording a subsequent development in the nature of an Order dated 26.03.2008 passed by the Assistant Commissioner of Central Excise; in that Order, the Assistant Commissioner had granted refund of ₹ 12,15,461/-. Thus, The Hon’ble High Court was pleased to record that the concerned appeals would become infructuous and consequently, the same were dismissed. It is an admitted position that both the assessee as well as the Revenue had accepted the above verdict of the Hon’ble Madras High Court without any further challenge and thus the finding having become final, the same requires strict adherence by the Revenue - the Revenue is not justified in its action of rejecting the refund claim with the admitted position of it having accepted the Hon’ble High Court’s directions, more so since it appears to me that ‘challenge in the manner known to law’ does not call for any shortcuts as has been done in the case on hand - appeal allowed - decided in favor of appellant.
|