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COMMISSIONER OF C. EX. & S.T., LUCKNOW Versus JAI GANPATI METALS

2015 (10) TMI 1326 - CESTAT NEW DELHI

Denial of refund claim - Utilized CENVAT Credit - Rule 5 of Cenvat Credit Rules, 2004 read with Section 11B of Central Excise Act, 1944 - Held that:- In the case of Steel Strips, Larger Bench of this Tribunal although reference made to the decision o .....

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decision of Hon’ble Karnataka High Court shall prevail over the decision of the Tribunal. In these circumstances, following the decision of Hon’ble Karnataka High Court in Slovak India Trading Co. Pvt. Ltd. (supra), I hold that the respondent is enti .....

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/50819/2015-EX(SM)(BR) - Dated:- 4-3-2015 - Shri Ashok Jindal, Member (J) Shri R.K. Mishra, AR, for the Appellant. Shri Raj Kumar, CA, Advocate, for the Respondent. ORDER The Revenue is in appeal against the impugned order wherein the Commissioner (A .....

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cision of the Tribunal in the case of Steel Strips v. C.C.E., Ludhiana - 2011 (269) E.L.T. 257 (Tri.- LB) = 2012(26) S.T.R. 270 (Tribunal - LB), this Tribunal has held that there is no provision under Rule 5 of Cenvat Credit Rules, 2004 to allow refu .....

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L.T. 559 (Kar.) = 2008 (10) S.T.R. 101 (Kar.) wherein Hon ble Karnataka High Court has framed the following three issues :- (a) Whether under the facts and circumstances of the case the Tribunal is right in ordering for refund even if there is no pro .....

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d goods? (c) Whether under the facts and circumstances of the case the Tribunal is right in holding that respondent is entitled for refund even if it goes out of Modvat Scheme or Company is closed? 4. Hon ble Karnataka High Court in para 5 of it .....

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y. Therefore, Rule 5 is not available for the purpose of rejection as rightly ruled by the Tribunal. The Tribunal has noticed that various case laws in which similar claims were allowed. The Tribunal, in our view, is fully justified in ordering refun .....

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