2008 (7) TMI 666

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....es, for the Appellant. Shri Sanjay Kumar, DR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. -  The prayer in the application is to dispense with the condition of pre-deposit of duty amount of  Rs. 26,00,044/-, which stand confirmed by the authorities below as erroneously granted rebate of countervailing duty (CVD) paid by the appellant at the time of importation ....

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....ndustry, the same is required to be addressed as a lacuna or lapse on the part of the Government and as such has to be held as retrospective. Alternatively, learned Advocate submits that the CVD was available to the appellant as Modvat credit and subsequently available as refund of such credit inasmuch as their final product was exported. As such, he submits that in any scenario CVD so paid by the....

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....bility of the Hon'ble High Court of Punjab & Haryana decision, learned DR submits that the ratio of the same is not applicable to the facts in the instant case, inasmuch as the appellant's final product i.e. utensil was exempted from the central excise, in which case credit of CVD was not available to them. As such, he submits that the rebate having been granted to the appellant erroneously they s....

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....nation enlarging the scope of the expression of 'duly', by including the CVD, was retrospective in nature. 5. As regards the second submission of the learned Advocate, we at this stage are of the view that the issue is contentious and arguable. The decision of the Hon'ble High Court of Punjab & Haryana in the case of Simplex Pharma (P) Ltd., (supra) is not fully applicable inasmuch as in t....