2005 (8) TMI 25 - AT - Customs

Refund - appellants has reversed excess quantities of credit in order to meet the requirements of DEEC benefits application file for refund rejected - after considering all details authority allowed refund of excess credit.

Summary

The Appellate Tribunal CESTAT, Mumbai allowed the appeal for recredit/refund of excess amounts reversed in Modvat registers for DEEC benefits under Customs Act notification. The rejection of the application based on Section 11B time-bar was not upheld as the reversals were not under the Central Excise Act. The recredits could be made suo motu by the assessee to maintain RG 23(A) accounts, following previous Tribunal decisions. The appeal was allowed, and the assessee could take credit entry in the required account in the registers.