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of <h1>Tribunal allows refund for education cess and PLA duty under Notification No. 56/2002-CE</h1> <h3>United Phosphorous Ltd Versus C.C.E. & S.T. -Jammu & Kashmir</h3> United Phosphorous Ltd Versus C.C.E. & S.T. -Jammu & Kashmir - TMI Issues:1. Entitlement to refund/self-credit of education cess/higher education cess paid under Notification No. 56/2002-CE.2. Entitlement to claim refund/self-credit under Notification No. 19/2008-CE and 34/2008-CE.Analysis:Issue 1: Entitlement to refund/self-credit of education cess/higher education cess paid under Notification No. 56/2002-CE:The appellants contested the rejection of their refund claim under Notification No. 56/2002-CE, citing two grounds. Firstly, they argued that they were entitled to self-credit/refund of education/higher education cess paid, which was disputed. The tribunal referred to a precedent set by the Hon'ble Apex Court in the case of M/s. SRD Nutrients Pvt. Limited vs. CCE, Guwahati, where it was established that education cess/higher education cess is a continuation of duty paid by the assessee. Consequently, if the assessee is eligible for a refund of duty paid through PLA, they are also entitled to claim refund/self-credit for education cess/higher education cess. Therefore, the tribunal ruled in favor of the appellants, allowing them to claim refund/self-credit for education cess/higher education cess paid through PLA.Issue 2: Entitlement to claim refund/self-credit under Notification No. 19/2008-CE and 34/2008-CE:Regarding the appellants' entitlement to claim refund/self-credit under Notification No. 19/2008-CE and 34/2008-CE, the tribunal examined the notifications in question. It noted a judgment by the Hon'ble J & K High Court in the case of Reckit Benckiser vs. UOI, where the court had invalidated the notifications. Based on this precedent, the tribunal concluded that the appellants were indeed entitled to claim refund/self-credit of duty paid through PLA under Notification No. 56/2002-CE dated 14.11.2002. The Revenue's objection, citing a Division Bench decision of the Hon'ble High Court of Jammu & Kashmir allowing only 50% refund/self-credit, was dismissed. The tribunal emphasized that the order of the Hon'ble High Court in the case of Reckit Benckiser had not been overturned by a higher forum, thus maintaining its validity. Additionally, the tribunal highlighted that the vires of the notifications had been challenged in other cases, such as Unicorn Industries vs. UOI and VVF Limited vs. UOI, where the respective Hon'ble High Courts also invalidated the notifications. Consequently, the tribunal held that the refund/self-credit could not be restricted under Notification No. 19/2008-CE and 34/2008-CE, and the appellants were entitled to claim refund/self-credit of duty paid through PLA under Notification No. 56/2002-CE. As a result, all the appeals were allowed by the tribunal.
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