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2013 (2) TMI 694 - HC - Central Excise


Issues: Interpretation of exemption notification conditions regarding Cenvat credit utilization and refund eligibility.

In this case, the main issue revolved around the interpretation of para 1A of the exemption notification introduced through an amendment. The respondent assessee had claimed a duty exemption under Notification No. 39/2001 but faced a dispute with the Department regarding the conditions, specifically para 1A, which required utilizing Cenvat credit for duty payment. The Department alleged that the assessee did not utilize the Cenvat credit as per the conditions, leading to a refund claim disallowance. The Tribunal upheld the appellate authority's decision in favor of the assessee, confirming their eligibility for the refund.

The crux of the matter was whether the assessee fulfilled the condition of utilizing the Cenvat credit available on the last day of the month for duty payment on goods cleared during that month, as mandated by the exemption notification. The Department argued that the assessee failed to meet this condition by utilizing the credit in December 2005 instead of earlier months. However, the assessee explained that procedural delays prevented immediate credit utilization, and they only utilized the credit when available in December 2005, exhausting the balance before paying in cash. The appellate authority and the Tribunal found in favor of the assessee, emphasizing that the condition was met as the entire credit balance was utilized before cash payment, as required by the notification.

The Court examined the records and affirmed the Tribunal's decision, stating that there was no evidence of the assessee holding unused Cenvat credit for the relevant period. The Court agreed that the condition stipulated in para 1A was fulfilled since the assessee exhausted the available credit before resorting to cash payment, as per the notification requirements. Consequently, the Court dismissed the Tax Appeal, concluding that no legal question arose from the case. Additionally, a Civil Application related to the matter was disposed of in light of the main judgment.

 

 

 

 

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