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CCE, Meerut – I Versus M/s Tirupati LPG Industries Ltd. and vice-versa

2015 (10) TMI 1258 - CESTAT NEW DELHI

Refund claim - Cash refund of CENVAT Credit - whether appellant M/s Tirupati LPG Industries Ltd. is entitled to cash refund of Cenvat credit lying in their RG-23A Pt. II. - Held that:- credit taken by the appellant was not required to be reversed when the final products became exempted and that cash refund of the same is admissible to the appellant. - Decision in the case of CC & CE, Meerut - I vs. Janardhan Plyboard Industries Ltd. [2011 (10) TMI 38 - UTTARAKHAND HIGH COURT] followed - Decided .....

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E/MRT-I/2006 dated 31/07/06. 2. Shri Sahil Mullick (Advocate) appearing on behalf of the appellant M/s Tirupati LPG Industries Ltd. argued that a refund claim of ₹ 8,96,911/- was filed by the appellant which was pertaining to the Cenvat credit on inputs contained in Work-in-Progress/finished goods or lying as such at the time of availing exemption under Notification No. 50/2003-CE dated 10/06/03. That this amount was got reversed/paid by the Department which was correctly admissible to the .....

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peal. That under OIA No. 114-CE/MRT-I/2006 dated 31/07/2006 Commissioner (Appeals) allowed appeal No. 143-CE/APPL/MRT-I/2006 filed by the Revenue with respect to same OIO No. 40/05 (Ref. 71/04) dated 06/05/2005 against which appellant s appeal was also allowed under OIA No. 16-CE/MRT-I/2006 dated 28/2/2006. Learned Advocate relied upon the following case laws where Uttarakhand High Court has held that where assessee is not able to utilise the admissible credit then refund can be sanctioned in ca .....

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assed by the First Appellate Authority sanctioning refund of Cenvat credit in cash is not proper. 4. Heard both sides and perused the case records. Issue involved in the present proceedings is whether appellant M/s Tirupati LPG Industries Ltd. is entitled to cash refund of Cenvat credit lying in their RG-23A Pt. II. In this regard the appellant interalia, has relied upon the case law of CC & CE, Meerut - I vs. Janardhan Plyboard Industries Ltd. (supra) under which following observations have .....

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