TMI Blog2018 (6) TMI 325X X X X Extracts X X X X X X X X Extracts X X X X ..... maniyam, AC (AR) for the Respondent ORDER 1. Brief facts are that the appellants are engaged in manufacture of sponge iron and are registered to the Central Excise Department. They filed a refund claim on 01.05.2015 of Rs. 17,44,041/- on the ground that they made double payment during the month of June, 2014. The appellant-company came into existence after demerger of the company, namely, M/s. K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Counsel Shri S. Venkatachalam, submitted that the appellant has produced the bank statement to show that on 07.07.2014 the amount was wrongly paid into the Central Excise Account of M/s. Kanishk Steel Industries Ltd. On realizing the mistake on the very same day, the appellant had paid the amount to their own Central Excise Account/ECC. The refund has been denied stating that the amount so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... observed that the appellant has filed the refund claim along with the following documents: i. Copies of invoices for the clearances effected during the month of June 2014; ii. E-payment challans as proof of excess payment; iii. Signed Bank Statement for the month of July 2014. iv. Disclaimer Certificate of M/s. Kanishk Steel Industries Ltd., (Sponge Iron Division) 6. The only ground on wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. The same may please be refunded to CHENNAI FERROUS INDUSTRIES LTD., Gummidipoondi." 7. Thus, it is stated by M/s. Kanishk Steel Industries Ltd. that they have no objection to grant the refund to the appellant herein. From the above discussions as well as the documents placed before me, I am of the view that the rejection of refund is without any legal or factual basis. I hold that the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X
|