CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL
S. S. Garg, J, P. Anjani Kumar, Technical Member
M/s Mann Feeds Pvt. Ltd. – Appellant
Versus
Commissioner of Central Excise & Service Tax, Faridabad-I – Respondent
| Table of Content |
|---|
| 1. facts regarding the cenvat credit refund claim. (Para 1 , 2) |
| 2. arguments presented by both parties regarding admissibility of refund. (Para 3 , 4 , 5 , 8) |
| 3. court observations on statutory interpretation. (Para 6 , 7 , 10) |
| 4. ratio decidendi regarding the inapplicability of prior rulings post-amendment. (Para 11 , 12 , 13) |
| 5. final conclusion on the dismissing the appeal. (Para 15) |
P. ANJANI KUMAR:
The appellants, M/s Mann Feeds Private Limited, are engaged in the manufacture of diapers; they manufactured diapers on behalf of M/s Kimberly Clark Lever Ltd by installing a separate machinery; On the expiry of contract they have discontinued the manufacturer on 30.09.2014; they filed an application for refund, dated 07.10.2014, of Cenvat Credit lying as balance in their books; original authority rejected the refund vide order-in- original dated 22.01.2015; Commissioner (Appeals) on an appeal preferred by the appellants, remanded the matter back to original authority to examine whether the appellants closed manufacturing activity and to pass a speaking order; the appellants surrendered the registration on 10.10.2016; in remand proceedings, the original authority again rej
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