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of <h1>Appellant wins appeal for refund of Cenvat credit due to misinterpretation of law</h1> <h3>M/s Kitex Ltd Versus Commissioner of Central Excise, Cochin</h3> M/s Kitex Ltd Versus Commissioner of Central Excise, Cochin - TMI Issues Involved:Refund of erroneously paid Cenvat credit under misunderstanding of the law.Analysis:The appeal was against the rejection of a refund claim related to Cenvat credit on inputs used for manufacturing final products exempted from duty under Notification No. 30/2004-CE. The appellant paid the demanded Cenvat credit amount but later sought a refund, which was denied by lower authorities citing the case of Albert David Ltd. The appellant argued that the issue was settled by the Hon'ble High Court of Karnataka in various cases, emphasizing that the notification did not provide for credit reversal on inputs. The learned A.R. contended that the notification was conditional and cited the Albert David Ltd. case upheld by the apex court. The appellant sought a refund of erroneously paid amount, not a reversal of credit, and argued that the notification was not conditional.The Tribunal considered the issue of refunding the amount paid under a misunderstanding of the law. The Notification No. 30/2004-CE only barred availing the benefit if Cenvat credit was taken. The High Court of Karnataka's judgment in TAFE Ltd. case was referenced, stating that once input credit is legally taken and utilized, it need not be reversed if the final product is exempted later. The Tribunal followed this judgment, upholding that the appellant should be refunded the erroneously paid amount. The Tribunal emphasized that the latter case's ratio must be followed, leading to setting aside the impugned order and allowing the appeal with consequential relief.In conclusion, the Tribunal ruled in favor of the appellant, allowing the appeal for refund of the erroneously paid Cenvat credit amount under a misunderstanding of the law, following the precedent set by the High Court of Karnataka in the TAFE Ltd. case.
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