TMI Blog2024 (3) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... ad exported the goods on payment of duty - HELD THAT:- Though the appellant has filed the refund claim under Rule 5 for accumulated cenvat credit against export of goods but subsequently they have utilized the credit, hence, now they are not claiming the refund, however, they are claiming the interest for the period from the date of filing of application till the date of utilization of cenvat credit for which the refund claim was lodged - to decide the claim of interest first the eligibility of refund has to be decided. From the records it is observed that both the lower authorities have rejected the refund claim on the ground that the appellant s refund claim is in respect of the amount of cenvat which was transferred from M/s. Hazira ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mnath Prabhu, Shri Uday Shetty Ms. Dimple Gohil, Advocate for the Appellant Shri M G Rayka, Additional Commissioner (AR) for the Respondent ORDER RAMESH NAIR The following issues are involved in the present case:- (i) Whether the Commissioner (Appeals) was right in holding that the refund of unutilized cenvat credit claimed by the Appellant on export under LUT/ Bond had accumulated on account of amalgamation of Hazira Pipe Mill Ltd and Hazira Plate Ltd with it during August, 2010 and also on account of its merger with SEZ unit during the months of October 2010 and November, 2010 (ii)Whether the Commissioner (Appeals)was right in holding that the cenvat credit utilized by the appellant during the quarter April, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uary, 2011 itself and therefore, the refund that it had claimed during the period April 2011 to June 2011 was on account of duties and taxes paid on input and input services used in manufacture of finished goods exported under Bond and UT -1. 2.1 He submits that the Commissioner (Appeals) has failed to appreciate that the credit to the tune of Rs. 55,28,52,336/- had been availed by it on account of amalgamation of Hazira Pipe Mill Ltd and Hazira Plate Ltd during August 2010, while Cenvat credit of Rs. 149,99,39,291/- had been availed by it on account of merger of its SEZ unit in the months of October, 2010 and November, 2010. The total credit on account of amalgamation /merger was Rs. 205,27,91,617/- which was utilized by the Appellant d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vs. Arcelormittal Nippon Steel India Ltd - Final Order NO. A/30095/2022 dated PV Textile Ltd vs. Commissioner of Customs and Central Excise, Nagpur 2005 (186) ELT 252 (Tri. Mum) Circular No. 334/1/2010-TRU dated 26.02.2010 Circular No. 120/01/2010-ST dated 19.01.2010 Circular No. 943/4/2011-CX dated 29.04.2011 Circular No. 129/40/95- CX dated 29.05.1995 3. Shri M.G Rayka, Learned Additional Commissioner (AR) appearing on behalf of the Revenue reiterates the finding of the impugned order. 4. We have carefully considered the submission made by both sides and perused the records. We find that though the appellant has filed the refund claim under Rule 5 for accumulated cenvat credit against export of goods but ..... X X X X Extracts X X X X X X X X Extracts X X X X
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