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M/s Divis Laboratories Ltd. Versus The Commissioner CC. E&S. T Hyderabad-III

Rejection of refund claim - CENVAT Credit availed by appellants did not represent duty of excise - Held that:- The issue is covered by the judgment of the Tribunal in Neuland Laboratories Ltd Vs C C E Hyderabad [2013 (11)1339 - CESTAT BANGALORE ]. Further that the appeal filed by the Revenue against the said judgment was dismissed by the Hon’ble High Court of Andhra Pradesh upholding the judgment of the Tribunal Commissioner Vs Neuland Laboratories Ltd. (2015 (10)669 - ANDHRA PRADESH HIGH COURT] .....

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ondent : Shri Ajay Saxena, AR ORDER [ORDER PER: MS.SULEKHA BEEVI ,C.S] 1. The appellants are manufacturers of Bulk drugs and drug intermediaries and are registered with the Central Excise Department. They were availing credit on duty paid on inputs and capital goods. The appellants purchased un-denatured ethyl alcohol/ethanol on invoices on payment of duty from suppliers viz. M./s GMR Industries, M/s Pioneer Distilleries, M/s Andhra Sugars and M/s Jaypore Sugar Company Ltd. The appellants took C .....

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377; 43,96,488/-. A show cause notice was issued to the appellants proposing rejection of the refund claim for the reason that CENVAT Credit availed by appellants did not represent duty of excise. The original authority vide order dated 31-03-2011 rejected the refund claim observing that the amount claimed as refund was not a duty of excise to be eligible for refund. The appellants preferred appeal before the Commissioner (Appeals) who vide the order impugned herein upheld the rejection. Being a .....

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