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2015 (10) TMI 1346 - CESTAT AHMEDABAD

2015 (10) TMI 1346 - CESTAT AHMEDABAD - TMI - Denial of refund claim - Denial of exemption claim - Held that:- Both the authorities below observed that refund claim is premature as the de-novo adjudication is still pending. On a query from the Bench, the learned Advocate for the appellant submits that the Tribunal passed the order in 2011 and de-novo adjudication is still pending. In my considered view, as the de-novo adjudication is pending before the Commissioner and therefore, the matter may .....

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ENVAT credit on the inputs used in the manufacture of dutiable as well as exempted final products. A show cause notice dated 29.10.2006 was issued proposing to demand 8% / 10% amount of the value of exempted goods, under Cenvat Credit Rules. The Commissioner of Central Excise by order dated 26.03.2010 adjudicated the matter and confirmed the demand of ₹ 15.63 Lacs under the provisions of Cenvat Credit Rules, which was paid by them. By final order No. A/743/WZB/AHD/2011 dated 05.05.2011, th .....

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