2015 (9) TMI 1569

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....g out job-work activity for one M/s Indofil Chemicals Co. (hereinafter referred to as Indofil). The said M/s Indofil imported raw materials under Duty Drawback Scheme and sent to the assessee for manufacture of finished goods on job work basis, along with packing materials. The appellant clears goods both in DTA as well as for export under bond. The appellant had taken the CENVAT Credit of CVD (excise duty) paid by Indofil on import and also on the packaging materials sent by Indofil. The appellant had cleared certain goods during the period February, 03 to April, 2004 for export, under Bond. The goods cleared under Bond have been admittedly exported by Indofil. The merchant exporter-Indofil filed drawback claim for customs duty. The appell....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er-in-Original, grounds of appeals and various submissions made by the appellants. The issue involved in the case is that the appellants carry job work for M/s Indofil Chemicals Company; that M/s Indofil Chemicals had imported raw material under duty drawback scheme which was sent to the appellants availed CENVAT Credit; that M/s Indofil Chemicals Company exported said finished goods & claimed drawback; that the appellants reversed the CENVAT Credit under impression that M/s Indofil Chemicals Company had claimed drawback of Central Excise Duty; on realizing that Indofil claim was restricted to Customs duty, the appellants have claimed present refund claim. As the said amount was recovered from M/s Indofil Chemicals Company, the adjudicating....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s on 31.03.2004 is Rs. 19,57,337/- which has been reflected in their balance-sheet as on 31.03.2004 alongwith other receivable amounts, from M/s Indofil. The appellant has shown the amounts received from Indofil Rs. 43,00,155/-. In the balance-sheet dated 31.03.2005 an amount of Rs. 48,55,033/- was shown as receivable from Indofil, and the break-up of the said amount shows receivable from M/s Indofil for other expenses Rs. 34,386.49/-. Further, in the balance-sheet as an 31.03.2013, the appellant have shown the receivable as Rs. 3,87,73,878.40/- and in the break-up under the head other expenses-receivable has shown Rs. 19,56,726.80/-. Thus, the appellant have always shown the amount of receivable from Indofil (as other expenses) more than t....