2018 (2) TMI 562 - AT - Central Excise

Re-credit of duty, reversed earlier - whether the Appellant-Assessee could avail suo motu re-credit of the duty initially paid/reversed in their books of accounts, after a period of time? - Held that - In similar circumstances, a Division Bench of this Tribunal in the case of Ashapura Volclay Ltd and others Vs. C.C., Jamnagar 2017 (6) TMI 659 - CESTAT - Ahmedabad following the principle laid down by the Larger Bench, disposed of the matter, with the liberty to approach the Tribunal after disposal of the cases pending before the higher forum - appeal disposed off.

Summary

Issues involved: Appeal against order-in-appeal regarding re-credit of duty paid/reversed in books of accounts after a period of time pending High Court's final hearing.

Analysis:
The appeal before the Appellate Tribunal CESTAT Ahmedabad revolves around the issue of whether the Appellant-Assessee could avail suo motu re-credit of the duty initially paid/reversed in their books of accounts after a certain period. The advocate for the Assessee argued that a similar matter was pending before the Hon'ble Gujarat High Court, and it would be inappropriate to decide the issue following the Division Bench judgment while the matter is awaiting final hearing at the High Court. In line with a previous decision involving Ashapura Volclay Ltd and others Vs. C.C., Jamnagar, where the Tribunal disposed of the matter with the liberty to approach the Tribunal after the higher forum's decision, the present appeals were also disposed of with the same liberty. Both parties were allowed to approach the Tribunal after the verdict of the Hon'ble High Court in the pending Appeal against the Division Bench judgment, with no recovery or refund processed during the interim period. The appeals were thus disposed of accordingly, awaiting the High Court's final decision.