2013 (12) TMI 41 - AT - Service Tax

Refund of unutilized cenvat credit - Rule 5 of Cenvat Credit Rules, 2004 - supply part of their products to other 100% EOU - Held that - adjudicating authority processed the refund claim and granted entire amount of refund claimed which was denied in the first adjudication order. Against this order of the adjudicating authority, Revenue filed appeal before Commissioner (Appeals) on the ground that the order of the Commissioner (Appeals) was that the differential amount of refund involved in the appeal shall be granted if otherwise found to be eligible - impugned order is not maintainable because the issue which has attained finality is being re-agitated without filing an appeal against order-in-appeal of the Commissioner (Appeals) - In the case of rebate and refunds on exports the policy of the government has been to grant such benefits when goods are supplied to SEZ. The same logic should apply for supply to EOUs also - Following decision of Essar Steel Ltd. Versus Union of India 2009 (11) TMI 141 - GUJARAT HIGH COURT - Decided in favour of assessee.

Issues:
1. Dispute about refund amount of Rs.81,498.
2. Whether clearances to other 100% EOU can be considered as exports for refund eligibility.
3. Validity of the decision to grant refund in the second round of litigation.
4. Applicability of precedents in determining eligibility for refund.
5. Finality of decisions in the first round of litigation.
6. Interpretation of relevant legal provisions for refund eligibility.

Analysis:
1. The judgment addresses a dispute concerning the refund of Rs.81,498. The matter involves a situation where the Commissioner (Appeals) initially decided the issue in favor of the appellant, allowing a refund. However, upon remand for re-quantification, the Revenue raised the same issue again, leading to the appeal being taken up for disposal without requiring predeposit of dues to avoid further inconvenience to the appellant.

2. The case revolves around whether clearances made by the appellant to other 100% EOU entities can be considered as exports for the purpose of refund eligibility. The appellant, a 100% EOU manufacturing granite slabs, sought a refund for unutilized cenvat credit during a specific period. Initially, the adjudicating authority restricted the refund, excluding the value of goods supplied to other 100% EOU. However, the Commissioner (Appeals) later ruled in favor of the appellant, considering such supplies as exports based on relevant legal precedents.

3. The judgment evaluates the validity of the decision to grant the refund in the second round of litigation. The Revenue contested the refund granted by the adjudicating authority, citing previous decisions to argue against the appellant's eligibility. Subsequently, the Commissioner (Appeals) in the second round relied on additional precedents and ruled in favor of the Revenue, leading to the appeal being allowed and the refund recalled.

4. The analysis delves into the applicability of legal precedents in determining the eligibility for the refund. The appellant argued that the issue decided against them had already attained finality in the first round of litigation, emphasizing the decisions of the Gujarat High Court regarding treating goods supplied to 100% EOU as exports. The judgment also references decisions from the Madras High Court and Tribunal cases to support the arguments presented by both parties.

5. The judgment considers the finality of decisions in the first round of litigation and whether issues can be re-agitated in subsequent rounds without filing appeals against previous orders. It highlights the importance of adhering to established decisions and legal principles to avoid re-litigating settled matters, emphasizing the need for consistency in legal interpretations and application.

6. Finally, the judgment interprets relevant legal provisions and precedents to determine the eligibility of the appellant for the refund. It emphasizes the importance of following established legal principles, such as the decisions of higher courts and the government's policies on granting benefits for exports to SEZs and EOUs. The judgment ultimately allows the appeal, considering the arguments presented and the application of legal principles to the case at hand.

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