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2015 (10) TMI 2636 - AT - Central ExciseRefund claim - whether the appellant is entitled to refund of the Education Cess and Higher Education Cess in terms of area based exemption N/N. 56/2002 or not? - Held that - The issue has been examined by this Tribunal in the case of M/s. Jindal Drugs Ltd. 2009 (8) TMI 812 - CESTAT, NEW DELHI wherein it has been held that Education Cess and Higher Education Cess is not exempted in terms of said notification - appellant is not entitled to claim refund of Education Cess and High Education Cess - appeal dismissed - decided against appellant.
Issues:
Whether the appellant is entitled to refund of Education Cess and Higher Education Cess under Notification No. 56/2002. The judgment delivered by Shri Ashok Jindal, Member (J) of the Appellate Tribunal CESTAT NEW DELHI, involved a case where the appellant failed to appear, requesting adjournment multiple times citing the pending issue before the Hon'ble Apex Court. The learned AR argued that the matter had already been settled in the appellant's own case for an earlier period. The AR contended that the issue was no longer res integra and requested the appeal to be dismissed. The Tribunal, after hearing the AR and considering the settled issue in the appellant's previous case, rejected the request for adjournment and proceeded with the case. Upon reviewing the record, it was found that the core issue was whether the appellant could claim a refund of Education Cess and Higher Education Cess under Notification No. 56/2002. The Tribunal referred to a previous case, M/s. Jindal Drugs Ltd., where it was established that these cesses were not exempted under the said notification. Consequently, the Tribunal held that the appellant could not claim a refund based on the precedent set in the case of Jindal Drugs and the appellant's own previous case. Therefore, the appeal was dismissed, upholding the impugned order and denying the appellant's entitlement to claim a refund of Education Cess and Higher Education Cess. In conclusion, the judgment highlighted the importance of precedent decisions in determining the entitlement to refunds under specific notifications. The appellant's repeated requests for adjournment were rejected due to the settled nature of the issue, leading to the dismissal of the appeal based on established legal principles and previous tribunal rulings.
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