2015 (4) TMI 1187 - SCH - Central Excise

CENVAT Credit - entitlement of duty drawback - audit team noted that the petitioner had wrongly availed of CENVAT credit of the Excise duty, contrary to Rule 3(5) of the CENVAT Credit Rules, 2004, as the goods were temporarily imported capital goods, meant to be re-exported - Claim of drawback claim was rejected on the ground of period of limitation - the decision in the case of M/s. Vishal Beverages Pvt. Ltd. Versus Union of India And Another 2014 (8) TMI 255 - DELHI HIGH COURT contested, where it was held that The petitioner cannot be allowed a drawback on the Excise duty as that would tantamount to allowing it to profit from its unjustly derived benefit of the CENVAT credit till May 2012 - Held that - the decision in the above case upheld - appeal dismissed.