9911796707
TMI Blog2016 (2) TMI 949X X X X Extracts X X X X X X X X Extracts X X X X ..... ). I further hold that the appellant is entitled to refund of the amount of ₹ 28,97,553/- which was rightly paid at the time of debonding by debit to Cenvat and the appellant was subsequently made to deposit the same again, in cash and for which a refund claim was filed within the period of 12 months from the date of payment being 24-12-2007. Accordingly the appellant-assessee is entitled to refund of the said amount and I direct the Adjudicating Authority to grant the refund within a period of 45 days - appeal disposed off - decided partly in favor of assessee and partly in favor of Revenue. - E/1573/2010 & E/2074/2011 - Final Order Nos. A/70065-70066/2016 - Dated:- 9-2-2016 - Shri Anil Choudhary, Member (J) Shri Bimal Jai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also availing the facility of duty free procurement of inputs and capital goods under Notification Number 22/2003-C.E. On 18-10-2007 the appellant applied for debonding, that is, to shift from the 100% EOU scheme to EPCG scheme. In the process of opting out of the 100% EOU scheme the assessee calculated duty liability on imported capital goods and indigenous capital goods and raw materials and part of the duty so payable amounting to ₹ 28,97,553/- was paid through Cenvat credit and balance was paid in cash. In his report dated 19-12-2007 the Range Superintendent stated that no dues are pending against the assessee and further indemnity Bond submitted for any other dues, if found in future. The Deputy, Commissioner issued letter date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to pay Excise duty from the legally available Cenvat credit account with the direction to the Authority to issue appropriate certificate for the debonding from 100% EOU Scheme vide the OIO dated 30-10-2009 rejected refund on the ground that the Cenvat credit lapsed upon debonding under the provisions of Rule 11(3) of CCR and the appellant was not eligible for Cenvat credit in respect of credit availed on capital goods and other services utilized for export/clearance of finished goods under Notification No. 5/2006-C.E. Being aggrieved the appellant preferred appeal before Commissioner (Appeals) Wherein vide order in appeal dated 26-2-2010 it was held that the assessee have rightly utilized Cenvat credit for paying duty at the time of debondi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt is entitled to refund of the amount of ₹ 28,97,553/- which was rightly paid at the time of debonding by debit to Cenvat and the appellant was subsequently made to deposit the same again, in cash and for which a refund claim was filed within the period of 12 months from the date of payment being 24-12-2007. Accordingly the appellant-assessee is entitled to refund of the said amount and I direct the Adjudicating Authority to grant the refund within a period of 45 days from the receipt of a copy of this order along with interest as per rules. 9. Thus, the appeal of the assessee being Appeal Number E/2074/11 is allowed. The appeal of revenue E/1573/2010 stands allowed for statistical purposes only. (Operative portion of the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
