2006 (11) TMI 480

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..... pondent. [Order]. Heard both sides. 2. The issue involved is refund of Cenvat Credit already availed by the appellant on the stock of LDO lying as such within the factory premises as on 28-2-2003. The appellant was directed to reverse such credit by the Department vide its letter dated 16-4-2003, in terms of C.B.E.C. Circular dated 31-3-2003. The appellant reversed the said credit. How .....

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..... id chapter pertaining to the payment of duty and preparation of invoices monthly and quarterly Returns etc. Also giving information to the Supdt. or Inspector of Central Excise giving reasons for paying duty under protest. In the instant case, it is not the payment of duty but simply reversal of the credit obeying the Board s circular. A person who has effected reversal of credit following the Boa .....

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..... the appellant following the Board Circular has effected the reversal under protest. This aspect has not been looked by both the authorities. 4. The next question comes up for consideration is whether the case is barred by limitation. In my view the claim is not at all barred by limitation since the Apex Court held that Board Circular is not legal of two years as such the situation became stat us .....

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