TMI Blog2008 (12) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... his appeal has been filed against the rejection of refund claim filed by the appellants in respect of accumulated Cenvat credit amounting to Rs. 7,57,455/-. 2. The ld. Advocate Shri Dhaval K. Shah appearing on behalf of the appellants submits that w.e.f. 9-7-2004, they stopped paying duty on the finished product but because of the higher duty on the inputs and lower duty on the finished produc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to this but he submits that in view of the fact that LB had not taken into account the judgment of Hon ble Karnataka High Court, the benefit may be extended. 3. The ld. Jt. CDR on the other hand points out that M/s. Slovak India Trading Co. Pvt. Ltd. case was a sort of unique case in the sense by the time the appellant succeeded regarding their claim of Cenvat credit, they had already surrendere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de exports in which case they would be eligible. It is also not the case of the appellants that they were prevented from utilizing the Cenvat credit and consequently even when there was credit in their account, they had to pay duties from the PLA. There is no provision in Cenvat Credit Rules to allow refund of credit which accumulates because of situations like this. Therefore I do not find anythi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
