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2015 (8) TMI 1173 - GUJARAT HIGH COURT

2015 (8) TMI 1173 - GUJARAT HIGH COURT - 2015 (322) E.L.T. 267 (Guj.) - Denial of refund claim - Whether or not, the refund of Central Excise duty is admissible under Section 11B of the Central Excise Act, 1944, if the same is invoiced and collected and thereby passed on to the purchasers and sought to be claimed on the basis of the credit notes issued to the buyers after clearance of the goods thereby post transaction credit notes - Held that:- excise duty paid by the Industry or assessee and i .....

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taken by CESTAT in directing refund of the amount to the assessee is illegal and deserves to be set aside - Decided in favour of Revenue. - Tax Appeal No. 390 of 2007 - Dated:- 18-3-2015 - Mr. Vijay Manohar Sahai and Mr. R.P. Dholaria, JJ. For the Petitioner : Ms Naynaben K Gadhvi, Advocate For the Respondent : Rule Served JUDGMENT (PER : Mr. Vijay Manohar Sahai, A.C.J.) We have heard learned advocate Ms. Nayna Gadhvi for the appellant. Though rule has been served, no one appears for the respond .....

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