In cases where an assessee has wrongfully availed self-credit, ...

Wrongfully availed self-credit: Recovery procedure must be followed for rejected refund claims.

Case Laws Central Excise

October 4, 2024

In cases where an assessee has wrongfully availed self-credit, the inadmissible credit needs to be recovered if not reversed by the assessee within the specified period, following the procedure laid down under Notification No. 19/2008. The authorities must issue a notice and follow the prescribed manner for recovery u/s 11A of the Central Excise Act, 1944. Rejecting the refund without adhering to the statutory procedure is legally incorrect. The order becomes superfluous if the alleged wrongful credit has not been established through the proper manner. The appellants are entitled to a refund calculated as per Notification No. 19/2008, since the rejection of the cash refund was not legally valid.

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In cases where an assessee has wrongfully availed self-credit, ...

Wrongfully availed self-credit: Recovery procedure must be followed for rejected refund claims.

Case Laws Central Excise

October 4, 2024

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