TaxTMI 
TaxTMI 
2024 (6) TMI 183
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....V/Adj(SCN)15-97/Commr/2012-13/Bel dated 26th December 2012] issued to M/s Kairav Chemofarbe Industries Ltd, for recovery of Rs. 1,06,89,295/- taken as credit under CENVAT Credit Rules, 2004 on procurement of goods cleared by their supplier on payment of duty between February 2008 and August 2011 to be used in the manufacture and export of '1,4 Dioxane' and '1,3 Dioxlane' in terms of obligation under 'advance licence/authorization scheme' of the Foreign Trade Policy (FTP) entitling them to import of 'diethylene glycol' without payment of duty but instead permitted by competent authority to be sourced domestically with the same privilege against letters of invalidation that, however, had not been availed of. In the impugned order the adjudica....
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....y in the jurisdiction of the supplier as contrary to law. 3. Aggrieved that the adjudicating Commissioner had erred in inferring from case law that the issue was no longer in dispute, the Committee of Chief Commissioners empowered to review adjudications directed Commissioner of Central Excise, Belapur to appeal for reversing the impugned order on the ground that dismissal of appeal against decision of the Tribunal in re Shakun Polymers Ltd by the Hon'ble High Court on monetary limit threshold did not constitute affirmation as binding precedent and that the issue remained in dispute owing to appeal before Hon'ble High Court of Bombay against decision of the Tribunal, in Oleofine Organics (India) Pvt Ltd v. Commissioner of Central Excise, T....
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....etters of invalidation for domestic procurement of eligible inputs to be deployed in manufacture of goods intended for fulfilling export obligation under the 'advance licence/authorization scheme' of the Foreign Trade Policy (FTP). It is also common ground that notification no. 44/2001-CE (NT) dated 26th June 2001 specifies conditions and safeguards for clearance of excisable without payment of duty for use in manufacture of downstream products intended for export and, had the letters of invalidation been deployed, the supplier would have been afforded clearance without payment of duties of central excise. It is also not in dispute that this had not been pressed into service in the impugned transactions and impugned credit was taken by the ....