TMI Blog2015 (11) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... redit notes - Held that:- The issuance of credit note by the assessee is not disputed. If that be so the judgment of Hon ble High Court Rajasthan in the case of A.K. Spintex Ltd. (2008 (11) TMI 89 - RAJASTHAN HIGH COURT ) is directly on the point. It is to be recorded that the judgment of Hon ble High Court of Andhra Pradesh in the case of A.P. Papers Mills Ltd. (2014 (3) TMI 671 - ANDHRA PRADESH HIGH COURT ) also covers the issue in favour of the assessee, as to that refund claim filed by an assessee, he has to only satisfiy the provision of Sec. 11B of the Central Excise Act, 1944 and not any further. I find that in the case in hand, the appellant has satisfied all the requirements of provision of Sec. 11B of the Central Excise Act, 1944. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following findings: I have carefully gone through the appeal book and submissions made by the appellants. From the records it has been observed that the refund in the instant case was arisen out of the retrospective price revision made by M/s Goodyear India Ltd., Ballabhgarh (Haryana) for the finished goods purchased from the appellant i.e. M/s Goodyear South Asia Tyres Pvt. Ltd., Aurangabad in terms of the Off Take Agreement dtd. 01.09.2001 which contains the price variation clause, where there is a provision for both upward and downward revision of the prices depending upon the market conditions. Appellant have raised credit note to M/s Good year India Ltd. for different value due to revision of price at down side and filed the refun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Chennai V/s Addison Co. Ltd. squarely covers the issue involved in this case. Therefore appellant is entitled for refund of ₹ 35,91,361/- under Sec. 11B of Central Excise Act, 1944. Regarding refund for ₹ 4,39,002/- the order passed by the adjudicating authority is correct and therefore I do not interfere with this part of rejecting the same being time barred. 5. It is the case of revenue that the appellate authority is in errors as credit note issued by the appellant cannot be considered as not passing of incidence of duty. Ld. D. R. would rely upon the following decisions: (A) TVS Motor Company Ltd. V/s CCE, Chennai-III - [2014(303) ELT 520 (Mad.)] (B) CCE, Madurai V/s Vanithamani Chemicals Pvt. Ltd. - [2009( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee s purchasers might have collected the amount from customers. The reasoning put forth by the learned departmental representative will not carry the case of revenue any further as the findings of first appellate authority (as reproduced here in above) are not contested. The issuance of credit note by the assessee is not disputed. If that be so the judgment of Honble High Court Rajasthan in the case of A.K. Spintex Ltd. (Supra) is directly on the point. It is to be recorded that the judgment of Honble High Court of Andhra Pradesh in the case of A.P. Papers Mills Ltd. (Supra) also covers the issue in favour of the assessee, as to that refund claim filed by an assessee, he has to only satisfiy the provision of Sec. 11B of the Central Excise ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
