Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Refund of unutilized CENVAT credit was claimed on closure of the manufacturing unit. Interpreting Rule 5 of CCR, 2004 as amended w.e.f. 01.04.2012, it was held that refund is statutorily permissible only where credit remains unutilized due to exports under bond/LUT, and not for "any other reason" as was possible prior to the amendment; being a creature of statute, the forum could not extend refund to factory closure, and the claim was rejected, leading to dismissal of the appeal. The contention that the adjudication travelled beyond the SCN was rejected since the SCN expressly proposed rejection under Rule 5 read with Section 11B. - CESTAT
Refund of unutilized CENVAT credit was claimed on closure of the manufacturing unit. Interpreting Rule 5 of CCR, 2004 as amended w.e.f. 01.04.2012, it was held that refund is statutorily permissible only where credit remains unutilized due to exports under bond/LUT, and not for "any other reason" as was possible prior to the amendment; being a creature of statute, the forum could not extend refund to factory closure, and the claim was rejected, leading to dismissal of the appeal. The contention that the adjudication travelled beyond the SCN was rejected since the SCN expressly proposed rejection under Rule 5 read with Section 11B. - CESTAT
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