2024 (12) TMI 1770

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..... Bathula Raj Kiran, SC for Excise & Customs For the Respondent : Mr. Karan Talwar JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe) Mr. Bathula Raj Kiral, learned Standing Counsel for Excise and Customs for the appellant. Mr. Karal Talwar, learned counsel for the respondent. 2. This appeal under Section 130 of the Customs Act, 1962, has been filed by the Revenue agai....

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....st during the period August 2018 - March 2019 (Goods and Services Tax (GST) Regime). Under the provisions of the erstwhile Central Excise and Service Tax Regime, the assessee was entitled to take credit of the CVD + SAD paid. However, the assessee could not avail of the aforesaid benefit due to change of regime to GST with effect from 01.07.2017. The assessee could not pay the credit as there was ....

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....ion in the existing law prior to 01.07.2017 allowing for cash refund of cenvatable components on the ground that input tax credit cannot be availed during the GST Regime. Being aggrieved, the assessee filed an appeal before the Tribunal. The Tribunal by an order dated 20.02.2024 has allowed the appeal. Hence, this appeal. 5. Learned counsel for the Revenue submitted that the Tribunal ought to h....

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....f any amount of central value added tax credit/duty/tax/interest or any other amount paid under the existing law, shall be disposed of in accordance with the provisions of the existing law. The Tribunal, by taking into account the provisions of sub sections (3), (5) and (8A) of Section 142 of the CGST Act, has held that the assessee is entitled to claim refund of CVD and SAD paid after the appoint....