Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/Case Laws/2011-12/1504

Permissibility of refund of pre-deposit amount in cash when it was paid through Cenvat Credit Account

Case: RAYMOND LTD. v/s COMMISSIONER OF CENTRAL EXCISE, MUMBAI-III
 
Citation: 2011 (274) E.L.T. 513 (Tri.-Mumbai)
 
Issue:- Refund of pre-deposit in cash – permissibility of – when pre-deposit paid through Cenvat Credit Account but at the time of passing of order assessee not able to utilize credit.
 
Brief Facts: - The appellant preferred an appeal against OIO No. 06/KKS/2004-2005 dated 26.8.2004 before Tribunal and Tribunal while considering their stay application directed the appellant vide Order No. S/752, 753/WZB/2004/C-II, dated 14-12- 2004 to make pre-deposit of Rs. 1 Crore from their CENVAT credit account. Accordingly, the appellant reversed the amount of Rs. 1 Crore as directed by this Tribunal on 28-12-2004 and compliance was reported on 3rd January, 2005. This Tribunal, in the appellant's appeal No. E/3090/04 vide Order No. A/13 to 15/2007/C-I/EB, dated 11-12-2006 remanded the matter by setting aside the impugned order. Consequently, the appellant filed a refund claim of pre-deposit on 10th August, 2007 to be paid in cash, as the appellant has opted out MODVAT scheme with effect from 9-7-2004. The adjudicating authority has sanctioned their refund claim but ordered to be utilized through their CENVAT Credit account which was appealed against before the Commissioner (Appeals) who rejected their appeal.
 
Appellant’s Contention:- Appellant contended that as he has made a pre-deposit as per the direction of this Tribunal's order and the said appeal has been disposed off by this Tribunal by way of remand, they are entitled for the refund of pre-deposit which the adjudicating authority has sanctioned. He further submitted that as he has opted out of Modvat scheme from 9-7-04 and is not able to utilize the refund of pre-deposit through their Cenvat Credit account, therefore, refund has to be sanctioned in cash. To support his contention he placed reliance on the decision of Voltas Ltd. v. Union of India - 1999 (112) E.L.T. 34 (Del.). He also relied on the decision of CCE, Ranchi v. Ashok ARC - 2007 (7) S.T.R. 365 (Jhar.) = 2006 (199) E.L.T. 399 (Jhar.) and Order No. A/63/11/SMB/CR-IV, dated 9-12-2010 in the case of Khator Fibres and Fabrics Ltd.
 
Respondent’s Contention:- Respondent argued that as the appellant has made the pre-deposit from their Cenvat Credit Account, the refund of pre-deposit is to be made through Cenvat Credit account only. To support his contention he placed reliance on Rollatainers Ltd. v. CCE, Jaipur - 2005 (183) E.L.T. 38 (Tri. - Del.).
 
Reasoning of Judgment:- The Tribunal held that as per the decision of the Hon'ble Delhi High Court in the case of Voltas Ltd. (supra) the appellant is entitled for refund of pre-deposit amount in case the impugned order is set aside by way of remand. Further they held that the respondent relied on the decision of Rollatainers Ltd. (supra), in that case the claim of the appellant was although they have made pre-deposit from their Cenvat Credit account but refund of pre-deposit was sought in cash. From the facts of above case, it is not clear that the appellant was able to utilize the amount of pre-deposit through their CENVAT credit account or not. Therefore the said case laws cannot relied in the facts of this case as in this case it is very much clear that after 9-7-2004, the appellant has opted out from the Modvat scheme and are not able to utilize the same in CCA. In the case of National Leather Cloth Mfg. Co. v. CCE, Mumbai - 2006 (198) E.L.T. 400 (Tri.-Mum.), this Bench has dismissed the appeal of the appellant considering that the amount is less than Rs. 50,000/-. As, the appeal was dismissed at the admission stage itself, therefore, the case law is not relevant to the facts of this case.
 
Further in the case of Ashok ARC (supra) wherein the Hon'ble High Court of Jharkhand has categorically held that if no credit account is being maintained by the assessee on account of raising exemption limit, assessee not in a position to utilize the credit, therefore, the Tribunal has rightly held that amount should be refunded in cash. Following the same ratio, as the appellant is not having their CENVAT credit account as they have opted out from Modvat scheme on 9-7-2004, they hold that the appellant is entitled for refund of pre-deposit in cash.
 
Decision:- Appeal allowed.

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com