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Brintons Carpets Asia Pvt. Ltd. Versus Commissioner of Central Excise, Pune-III

2016 (8) TMI 1109 - CESTAT MUMBAI

Refund claim - period of limitation - duty paid under protest - appellant stated that the credit on certain services are at the moment under judicial scrutiny and keeping in mind the instructions of the Revenue they had reversed the credit - Revenue .....

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Commissioner of Central Excise, respectively. I find that the letters are in the nature of protest though the word protest has not been mentioned in the said letters. In these circumstances, I hold that reversal has made protest and the limitation cl .....

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DER The appellant, M/s.Brintons Carpets Asia Pvt. Ltd. filed a refund claim on 08/03/2011. The refund claim arose as a result of an earlier dispute between the appellant and the Revenue regarding the admissibility of certain credit. Large part of the .....

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id claim was rejected by the lower authorities on the ground of limitation. Aggrieved by the said order, the appellants are in appeal before the Tribunal. 2. The learned Counsel for the appellant argued that duty was paid by them under protest as can .....

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so pointed out that when the judicial decision on the availability of credit is made, they would take the same and also take refund of interest that they have paid. They had again vide their letter dated 03/07/2009 made similar assertions. He therefo .....

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