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M/s. Virchow Petrochemical Pvt. Ltd. Versus Commissioner of Customs (Sea Port) , Chennai

2016 (6) TMI 148 - CESTAT CHENNAI

Refund claim - Department reduced the amount of refund to the extent the amount was paid utiliziing the Cenvat credit representing DEPB and not in cash - Held that:- Once such proposition is accepted there arises a refund of ₹ 1,66,990/- whic .....

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rm DEPB scrips and part from cash. He is correct in his statement for the reason that there is no law in that regard. Therefore, appellant is entitled to refund of ₹ 1,66,990/-. If there is any interest payable that shall also be taken care by .....

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DC (AR) ORDER Learned counsel for appellant says that duty was payable on the declared value, which was transaction value and that was ₹ 90,31,865/-.But Customs enhanced the transaction value for no reason and determined the duty liability at & .....

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enchanced value was in appeal before the appellate authority below. He remanded the matter to Adjudicating Authority with the direction to pass a speaking order for resolution of the dispute. 2. Learned Counsel says that in the remand proceeding, le .....

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6,27,213 made by appellant towards enhanced duty was refundable consequent upon re-adjudication. When such refund arose, Department has come out with an arbitrary formula stating that the amount of ₹ 6,27,213/- was not paid in cash but by disc .....

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,60,225/- as Cenvat credit since ₹ 6,27,213/- was discharged in cash as Customs duty liability. Accordingly, the refund claim of the appellant was revised to ₹ 1,66,990/-. But that has been denied by Revenue. 3. On the other hand, Revenue .....

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n made in the Adjudication order. 4. Heard both sides and perused the records. 5. Till the conclusion of adjudication, both sides have no difference when the aforesaid material facts are read. Only dispute arose, when the adjudication resulted in ref .....

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Cenvat credit. Once such proposition is accepted there arises a refund of ₹ 1,66,990/- which was paid in cash as part of ₹ 6,27,213/- earlier paid towards duty liability. At this juncture, learned counsel says that there is no formula in .....

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