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COMMISSIONER, CENTRAL EXCISE, CUSTOMS AND SERVICE-TAX, DAMAN COMMISSIONERATE Versus M/s. SABERO ORGANICS GUJARAT LTD

2016 (4) TMI 61 - GUJARAT HIGH COURT

Entitlement to Refund of the CENVAT credit amount paid by reversal - refund claim of the amount of reversed CENVAT Credit - Held that:- Sub-rule (5C) of the Rules is effective from September 7, 2007 and for input credited earlier, there is no scope of reversal of the credit if the finished product becomes unfit for human consumption unless any condition has been imposed for remission of duty in terms of Rule 21 of the Central Excise Rules, 2002 making it clear that the credit already taken is to .....

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see is entitled to the Refund of the CENVAT credit amount paid by reversal on 15.12.2005, at the insistence of the Insurance-Company and the entire Insurance claim inclusive of the CENVAT Credit amount reversed, has been sanctioned and paid by the Insurance-Company? (II) Whether the Ld. CESTAT, is justified in the eye oflaw, in the facts and circumstances of the case, in allowing the refundclaim of the amount of reversed CENVAT Credit, over and above receiving the same amount from the Insurance- .....

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sideration by the larger Bench: Whether in view of the provisions contained in Rule 3 of the Cenvat Credit Rules, 2004 and Rule 21 of the Central Excise Rules, 2002, the decisions of this Court in case of COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, AHMEDABAD-I v. GDN GARMENTS, reported in 258 ELT 41 and COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS V. BIOPAC INDIA CORPORATION LTD., reported in 258 ELT 56 lay down correct law in holding that even after remission of duty upon destruction of final pro .....

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ial or the input was used in manufacturing of a final product which was neither exempt from duty nor carried nil rate of duty. Such being the provision, as it stood in the Cenvat Credit Rules prior to September 7, 2007, there is no scope of application of equitable doctrine against the assessee and in favour of the Revenue on the ground that it will amount to conferring of double benefit. The moment sub-rule (5C) was introduced, the Legislature made its intention clear that from the date of comi .....

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