Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Home Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles News Highlights
Extracts
Home List
← Previous Next →

Mittal Filaments P. Ltd., Triveni Rayons P. Ltd. Versus Commissioner of Central Excise, Customs & Service Tax (Appeals) , Daman

2016 (1) TMI 1318 - CESTAT AHMEDABAD

Refund of unutilized CENVAT credit - clearance of goods for export - Rule 5 of the CCR 2004 - N/N. 30/2004-CE dtd 9.7.2004 - Held that: - the refund of the unutilised Cenvat Credit is not arising out of the export of the goods - refund not allowed - appeal dismissed - decided against appellant. - E/867/2008, E/1213/2008 - A/10069-10070/2016 - Dated:- 28-1-2016 - P. K. Das (Judicial Member) And P. M. Saleem (Technical Member) For the Assessee : Mukund Chauhan, Advocate For the Revenue : J. Nagori .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

l Filaments P Ltd and M/s Triveni Rayon Pvt Ltd opted exemption notification on 27.3.2006 and 4.4.2006 respectively. Both the appellants filed refund claims on unutilized balance of Cenvat Credit under Rule 5 of the Cenvat Credit Rules 2004. 3. Both the authorities below observed that Rule 5 of the said Rules would be applicable in respect of clearance of the goods for export. The Ld Counsel on behalf of the appellants submits that the issue involved in this case is covered by the decision of th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t the Larger Bench of the Tribunal in the case of Steel Strips Vs CCE, Ludhiana 2011(269)ELT.257(Tri. LB) on the identical issue answered the reference in favour of the Revenue. He submits that the Larger Bench of the Tribunal in the said case considered the decision of the Honble Karnataka High Court. He further submits that the division Bench of the Tribunal in a recent decision in the case of Modipon Ltd vs CCE, Ghaziabad 2015(324)ELT.718 (Tri Del) following the decision of the Larger Bench i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

llants application dated 27-11-2007, cash refund of the above Cenvat credit is sought by invoking Section 11B(2)(C). In our view, Section 11B is only for the refund of the duty paid either through cash or through Cenvat credit or of the Cenvat credit wrongly reversed which refund of duty paid either through cash or through Cenvat credit account is subject to the bar of unjust enrichment, the refund of wrongly reversed Cenvat credit is not subject to the bar or unjust enrichment. But this section .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Forum
what is new what is new
  ↓     bird's eye view     ↓  


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version