2012 (11) TMI 829

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.... Shri Y.K. Agarwal, Addl. Commissioner, for the Respondent. [Order per : B.S.V. Murthy, Member (T)]. -  The appellant imported a machine on 11-11-1997 and paid duty approximately of Rs. 3.33 crores. Since the machine was found damaged it was re-exported and the appellant availed drawback of approximately Rs. 2.26 crores. Thereafter, the machine was rectified and was re-imported and sinc....

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....lant. The original authority had sanctioned a refund of Rs. 82.6 lakhs approximately but on an appeal filed by the Revenue, it has been held that the appellant is liable to pay 40.5 lakhs approximately in addition to the amount already sanctioned. 3. The learned counsel on behalf of the appellant submits that the appellant has already paid an amount of Rs. 82 lakhs out of the amount demand....

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....original adjudicating authority had taken into account the CENVAT credit amount but have wrongly calculated the amount. 5. We have considered the submissions. We find that, prima facie, deduction of CENVAT credit amount by sanctioning refund does not appear to be correct since we are unable to find any provision of law where the future CENVAT credit admissible can be taken into account whi....