9911796707
TMI Blog2024 (8) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... ion Notification had availed CENVAT Credit in one month but carried forward and utilized the same in subsequent month / months. The Department disputed the same and sought to recover the excess refund sanctioned to the assessee in the initial month where the CENVAT Credit was not fully utilized. The Tribunal, New Delhi in the said decision has allowed the contention of the assessee that once the very same amount of CENVAT Credit is utilized in the subsequent period, there is no loss to the revenue. It was also held that the confirmed demand in such a scenario will defeat the purpose of the Notification. Thus, there was no provision during the impugned period that the CENVAT Credit is to be utilized in the same month and the said provision h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 08.07.1999 in the State of Assam. Since the appellant had undertaken expansion at its manufacturing unit in the specified area pursuant to New Industrial Policy Resolution notified on 24.12.1997 by the Government of India extending exemption from excise duty by Notification no. 32/99-CE dated 08.07.1999 to new industrial units or the units which undertook expansion on or after 24.12.1997, on and from 8th November, 2002, it became entitled to avail excise duty exemption by way of refund of excise duty paid through PLA on clearances made during relevant month. 2.1. On 23rd December, 2002, the said Notification No. 32/99 CE dated 08.07.1999 was amended by Notification No. 61/2002-CE dated 23.12.2002 providing that the exemption availed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued the Recovery Order dated 02.06.2003 wherein the recovery of Rs.16,62,336/- out of the amount of duties earlier refunded to the appellant vide order dated 28.02.2003 for the month of November, 2002, was ordered, while Rs.7,23,942/- was recovered from the refund granted for the month of August, 2003 and balance Rs. 9,38,934/- along with interest of Rs.4,95,450/- from the refund for September, 2006. 4. The Ld. Counsel appearing on behalf of the appellant has made the following submissions: - (i) Since the exemption Notification No. 32/99-CE prior to amendment by notification No. 61/2002 had allowed entire excise duty paid other than the amount of duty paid by utilization of CENVAT Credit i.e. duty paid through Account Current viz. up t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of fortnightly basis, the benefit of exemption would have accrued to the appellant in immediate succeeding month. Besides, the appellant had also settled the duty liability of Rs.17,22,131/-, Rs.24,82,908/ -, Rs.45,10,128/- and Rs.7,23,943/- from PLA Balance in the months of January, 2003, June, 2003, July, 2003 and August, 2003 respectively even after the condition of utilization of entire CENVAT Credit introduced by the amendment made by Notification No. 61/2002 (supra). It implies that the appellant had utilized the balance of CENVAT Credit fully. (iv) The appellant submits that the delayed utilization of CENVAT credit (in the immediate succeeding month) had no revenue impact and was within the intent and purposes of the area-based exemp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... identical facts in the following judicial pronouncements: (a) M/s. Ozone Pharmaceuticals Limited vs CCE ST, Guwahati [2023 (9) TMI 1371-CESTAT KOLKATA] (b) M/s. Eminent Healthcare Cosmetics Private Limited vs CCE, Guwahati [2023 (11) 1026 - CESTAT KOLKATA] 5. On the other hand, the Ld. Authorized Representative appearing for the Revenue supported the impugned order. 6. Heard the parties. 7. We find that the issue involved in the present case has already been settled by this Tribunal in the case of Commissioner of C.Ex., Jammu v. M/s. New India Wires Cables [2008 (232) E.L.T. 681 (Tri.-Del.)] wherein an assessee working under a similar area-based exemption Notification had availed CENVAT Credit in one month but carried forward and utilized ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
