9911796707
TMI Blog2023 (9) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... refund of excess credit or whatever credit was lying to its account as on the date it applied for exemption under Notification No. 1/2005-CE, its arguments before this Court would be justified. In these circumstances, the impugned order and the orders of the lower authorities are hereby set aside. The matter is remitted to the appellate commissioner to decide whether the controversy in respect of which period the appellant had claimed refund of credit and if its contention is valid and justified, to what extent to which it is entitled to any relief. Appeal allowed by way of remand. - HON'BLE MR. JUSTICE S. RAVINDRA BHAT And HON'BLE MR. JUSTICE ARAVIND KUMAR For the Petitioner : Mr. Arjit Prasad, Sr. Adv. Mr. Vivek Jain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of Revenue) No. 07/2003- Central Excise dated the 1st March 2003, published in the Gazette of India vide number G.S.R. 137 {E), dated 1st March 2003, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts the excisable goods of the description specified in column (3) of the Table below and falling within the Chapter, heading No. or sub-heading No. of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) (hereinafter referred to as the Central Excise Tariff Act), specified in the corresponding entry in column (2) of the said Table, from whole of the duty of excise leviable thereon under the said Central Excise Act: Provided that nothing contained in this notifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Export of Service Rules, 2005 in respect of such tax. Provided further that no credit of the additional duty leviable under sub-section (5) of section 3 of the Customs Tariff Act shall be utilized for payment of service tax on any output service. Explanation : For the purposes of this rule, the words output service which is exported means the output service exported in accordance with the Export of Services Rules, 2005. It is pointed out that the appellant in fact did not claim input credit for the relevant period but had actually surrendered its central excise registration, for the purpose of availing the exemption under Notification No. 1/2005-CE. It is, therefore, urged by learned senior counsel that the appellant was ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
