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BB Chemicals Versus Commissioner of Central Excise, Aurangabad

2017 (9) TMI 614 - CESTAT MUMBAI

Demand of interest - credit reversed by the appellant - The appellants have argued that in terms of Section 11B clause 11 (ce) of the explanation, the appellants are required to pay interest only from the date of the order of JS (RA) and not from the date when they had taken the credit - Held that: - Section 11AB (1) of the Act mandates to pay interest in addition to the duty erro0neously refunded from the date of sanction of such erroneous refund till the date of payment of such duty. The unamb .....

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ke credit solely on the ground that the final goods manufactured out of the same were exported - The exporter cannot, on his own devise a new method to avail credit which not prescribed under the law - appeal dismissed. - Appeal dismissed - decided against appellant. - E/88144/13 & 85726/14 - A/89307-89308/17/SMB - Dated:- 1-9-2017 - Mr. Raju, Member (Technical) Shri.H.S. Shirsat, Asvocate for appellant Shri.V.K.Agarwal, Addl. Comm. (AR) for respondent ORDER Per : Raju 1. These appeals are f .....

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well as the Commissioner (Appeals) while rejecting the rebate claim allowed the appellant to take back the credit of the duty paid as Cenvat Credit. However, JS (RA) while rejecting the rebate claim also denied the credit of duty paid which was allowed to be taken as credit by lower authorities. The appellant consequently, reversed the credit which they had taken when the original adjudicating authority had allowed them while rejecting their rebate claim. Consequent to above facts the following .....

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eal against the demand of the said interest. The appellants have argued that in terms of Section 11B clause 11 (ce) of the explanation, the appellants are required to pay interest only from the date of the order of JS (RA) and not from the date when they had taken the credit. The said clause reads as follows: (A) refund includes rebate of duty of excise on excisable goods exported out of India or on excisable materials used in the manufacture of goods which are exported out of india; (B) "r .....

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he lower authorities. Ld. Counsel argued that they are entitled to the said credit as no taxes can be exported. He argued that the fact that the goods have been exported had not been denied. The rebate claim has been rejected solely on the ground of limitation. In these circumstances, the Cenvat Credit on an estimated basis should not be denied to them as otherwise it would amount to export of taxes. For this assertion, he relied on the decision of the Tribunal in the case of Jobelle - 2006 (203 .....

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rsal is to be demanded from the date the appellant took credit or from the date the JS (RA) ordered reversal of the same. Impugned order relies on the decision of the Hon ble Apex Court in the case of Ind-Swift Laboratories Ltd. - 2011 (265) ELT 3 (SC), wherein it has been held that interest on wrongly taken credit can be demanded from the date of availment of the said credit. The appellants in their defence have sought to rely on the provisions of Section 11B which relates to refund. In the ins .....

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