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2016 (6) TMI 148 - CESTAT CHENNAI

2016 (6) TMI 148 - CESTAT CHENNAI - TMI - 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/- which was paid in cash as part of ₹ 6,27,213/- earlier paid towards duty liability. At this juncture, appellant says that there is no formula in the Customs law to reduce the refund by any proportion, adjus .....

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Respondent : Shri Kailash Chandra Jena, ADC (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 ₹ 96,59,079/-. Against the declared value, duty liability, was discharged by the appellant using the DEPB scrips to the extent of ₹ 90,31,864/- available with it and additional duty liability of &# .....

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result of which, the cash payment ₹ 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 discharge of DEPB scrips to the extent of ₹ 5,86,485/- and cash of ₹ 40,728/-.Accordingly, Department ordered that refund of ₹ 40,728/- was only payable to appellant. In the mean time, the appel .....

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