TMI Blog2015 (12) TMI 1204X X X X Extracts X X X X X X X X Extracts X X X X ..... uch deemed credit would lapse after rescinding of Notification No. 6/2002 - concurrent findings of both the lower authorities that the appellant are eligible to avail CENVAT Credit has not been controverted by the Revenue in the grounds of appeal. The grievance of the Revenue seems to be that the respondent had filed the refund claim before the expiry of the quarter ending 31.3.2003 is a non-starter and the assessee can plan his business and can file the refund claim even before the quarter comes to an end. The other grievance of the Revenue that non-filing the return correctly is a procedural lapse as also and non-starter as when there is no dispute as to the fact that the assessee respondent in this case has utilized the inputs in manufac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3.2003 and sanctioned by the adjudicating authority in July, 2003 was after rescinding of notification, which granted benefit of deemed credit. It is his submission that the lower authorities were also in error in considering that the refund claims, which should have been filed quarterly and not for two quarters at a time. It is his further submission that the refund claim for quarter ending 31.3.2003 was filed on 21.3.2003 before the quarter ending, which is also not correct. He would submit that the lower authority relying upon the Notification No. 6/2002 and holding that non filing of refund claim quarterly is procedural infraction is incorrect. He relied upon the judgment of the Apex Court in the case of Liberty Oil Mills (P) Ltd. - 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. 5.2 On this background, we find that there is no doubt that unutilized CENVAT Credit lying in the balance of the Books of the respondent is liable to be refund to him. No provisions were brought to our notice which indicate that such deemed credit would lapse after rescinding of Notification No. 6/2002. We find that the first appellate authority while upholding the findings of adjudicating authority, has recorded finding as under: - I have carefully gone through the case records ad well as the submissions made by the appellants as well as the respondents. The adjudicating authority has allowed refund claim filed on 26.03.2003 of unutilized balance in the deemed credit account earned by the respondents during the period form 07.09 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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