TMI Blog2018 (2) TMI 1484X X X X Extracts X X X X X X X X Extracts X X X X ..... d filed the claims between May 2014 and November 2014. The appellant had reversed the CENVAT credit so claimed only October 2014 - the decision of the Hon’ble Supreme Court in Comnr. of Central Excise & Customs Versus M/s. Precot Meridian Ltd. [2015 (11) TMI 323 - SUPREME COURT], where it was held that even if the MODVAT credit was utilised but, thereafter, refunded, it would amount to not utilisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d with Letter of Approval under that Act and had, in accordance with the procedure prescribed in notification no.12/2013-ST dated 1 st July 2013, sought refund of ₹ 3,55,786 for the period from October 2013 to September 2014 which was rejected by the original authority on the ground that the amount claimed had been availed as CENVAT credit by the appellant and that this availment had been s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n which the tax liability had been included by the supplier of service and it is also not in dispute that the claim had been filed in time. According to the lower authorities, the availment of the tax on inputs/input services as CENVAT credit which is claimed as refund is not permitted. 3. Heard Learned Counsel for appellant who contends that availment of CENVAT credit should not disentitle the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that appellant had filed the claims between May 2014 and November 2014. The appellant had reversed the CENVAT credit so claimed only October 2014. Undoubtedly, the decision of the Hon ble Supreme Court in re Precot Meridian Ltd has held 3. We note that five-Member Bench of the Tribunal in the case of Franco Italian Co. Pvt. Ltd. v. Commissioner [2000 (120) ELT 792 (T.-LB)] had taken ..... X X X X Extracts X X X X X X X X Extracts X X X X
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