Recovery of of erroneously availed refund u/s 11A of the Central...

Recovery of of erroneously availed refund u/s 11A of the Central Excise Act, 1944 along with interest - The appellant argued bonafide belief in not availing Cenvat Credit on furnace oil. The CESTAT found that the appellant complied with conditions of the exemption Notification and did not avail Cenvat Credit on furnace oil intentionally. - Moreover, it is not the stand of the Department that it has sanctioned/approved, refund of duty which was not paid by the appellant, but this is the case, in which the Department has sanctioned refund equal to the amount which was paid by the appellant in cash or through PLA, therefore, it cannot be said that this is a case of excess availment of refund by not complying with the condition of the said Notification. - Demand set aside mainly on the ground of limitation and revenue neutral situation.