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

M/s. Premier Rolling and Forging Works (P) Ltd. Versus Commissioner of Central Excise, & ST, Raipur

2017 (11) TMI 13 - CESTAT NEW DELHI

Refund of unutilized CENVAT credit - finished products supplied to projects financed by Asian Development Bank (ADB) - export/deemed export or not? - Held that: - goods cleared to a project financed by ADB, enjoying exemption in terms of notification No.108/95-CE dated 28.8.1995, are not specified under the category of ‘deemed exports’. Further, the authorities below in the impugned order, recorded that payment for such supply was not being received in foreign currency and no bill of export have .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in appeal No.233/RPR-I/2014 dated 14.10.14. The appellant is engaged in the manufacture of excisable goods falling under Chapter 72 of the Central Excise Tariff Act, 1985. The appellant claimed refund of unutilised Cenvat credit amounting to ₹ 4,19,249/- in terms of Rule 5 of the Cenvat Credit Rules, 2004. Such Cenvat credit was availed on inputs and capital goods used in the manufacture of finished products supplied to projects financed by Asian Development Bank (ADB) under notification .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rt in the case of E I Depont India Pvt. Ltd. Vs Union of India [2014 (305) ELT 282 (Guj)]. He also relied on the following case law: (i) CCE Vs. Anita Synthetics Pvt Ltd. - [2014 (306) ELT 133 (Guj)]; (ii) CCE Vs. NBM Industries - [2012 (276) ELT 9 (Guj)]; (iii) CCE Vs. Shilpa Copper Wire Industries - [2011 (269) ELT 17 (Guj)]; (iv) CCE, Surat Vs. Shilpa Copper Wire Industries - [2008 (226) ELT 228 (Tri-Ahmd)] 4. The learned DR supported the impugned order. 5. He argued that the case laws relied .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

etter of undertaking, as the case may be, or used in the intermediate product cleared for export, or used in providing output service which is exported, the CENVAT Credit in respect of the input or input service so used shall be allowed to be utilised by the manufacturer or provider of output service towards payment of - (i) duty of excise on any final product cleared for home consumption or for export on payment of duty or (ii) service tax on output service, and where for any reason such adjust .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of such duty; or claims rebate of service tax under the Export of Service Rules, 2005 in respect of such tax. [Provided further that such payment shall not be required to be made where any inputs are removed outside the factory for providing free warranty for final products] Provided that no credit of the additional duty leviable under subsection (5) of section 3 of the Customs Tariff Act shall be utilised for payment of service tax on any output service. Explanation: For the purposes of this r .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| 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