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Balakrishna Industries Ltd. Versus Commr. of C. Ex. & S.T., Jaipur-I

2016 (2) TMI 210 - CESTAT NEW DELHI

Denial of CENVAT credit on amount paid through PLA - Held that:- In this case the appellant initially paid SED by utilizing their Cenvat credit account. The payment of excess rebate claim was paid through PLA is only a cross-entry for reversal of reb .....

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ese circumstances, we hold that appellant has correctly taken the Cenvat credit in their Cenvat credit account being a peculiar situation in the matter. In these circumstances, we hold that appellant has taken Cenvat credit correctly as initially app .....

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:- 21-8-2015 - Shri Ashok Jindal, Member (J) and B. Ravichandran, Member (T) Shri Rahul Tangri, CA, for the Appellant. Shri Pramod Kumar, DR, for the Respondent. ORDER [Order per : Ashok Jindal, Member (J)]. - The appellant is in appeal against the i .....

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, i.e., BED at the rate of 16% and SED at the rate of 8% and filed rebated claim. Rebate claim was sanctioned. Later on it was realized that they were not required to pay SED at the rate of 8% on the exported goods. Therefore, the amount of excess re .....

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s/capital goods. Therefore, appellant is not entitled to take Cenvat credit on the amount paid through PLA. In these circumstances, the show cause notice was issued to deny Cenvat credit. Consequently, demand of duty was raised along with interest an .....

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nt submits that initially appellant paid SED by debiting Cenvat credit account which was not payable by them and they got rebate claim of the same which was paid by them through PLA on reversing the same and excess rebate claim was allowed to them. T .....

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, Coimbatore - 2005 (191) E.L.T. 604 (Tri. - Chennai). 4. On the other hand ld. AR supported the impugned order and submits that as they have paid excess rebate claim through PLA, therefore, appellant is not entitled to take Cenvat credit as Cen .....

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