same and
consequently, direct the Respondents to refund the Duty credit Scrips
amounting to Rs.86,85,133/- illegally collected from the petitioner with
consequential ... stood enhanced to 10%. The impugned order thus
states that the credits scrips that were issued to the petitioner on 21.02.2011 had
inadvertently computed
following exports categories/sectors shall be ineligible for Duty Credit
scrip entitlement under MEIS:
(i) Supplies made from DTA units to SEZ units.
(ii) Export ... that:
“The following exports categories/sectors shall be ineligible for Duty
Credit scrip entitlement under MEIS
(i) Supplied made from DTA units
…..
(vii) Exports made
following exports categories/sectors shall be ineligible for Duty Credit
scrip entitlement under MEIS:
(i) Supplies made from DTA units to SEZ units.
(ii) Export ... that:
“The following exports categories/sectors shall be ineligible for Duty
Credit scrip entitlement under MEIS
(i) Supplied made from DTA units
…..
(vii) Exports made
actions of the respondents in
debiting a petitioners' duty credit scrips by amounts pertaining to the Social
Welfare Surcharge as being illegal, arbitrary, unconstitutional ... future imports and re-credit the Social Welfare Surcharge component
already debited in all the MEIS and SEIS duty credit scrips.
For Petitioner
availment of MODVAT credit is contrary to law in cases
where credit had been remitted by way of adjustment to DEPB scrips.
9. This issue ... cash but had paid the CVD
by way of credit to DEPB scrips. The question that arose was whether in
such circumstances, that assessee would
exporter applies for credit against
exports, of the specified rates of import of raw materials, components,
parts, packing material etc. The credit is sought with ... Court holding that there is no
question of deriving any credit from forged scrips. While one may defend
his case stating that there
scrips set out in paragraphs(1) and (2) of
clause 7.38 are relevant and are extracted below:
7.38 DEPB
An application for grant of credit ... clear that once an application is received for grant
of credit under DEPB, a scrip is initially issued as a non-transferable endorsement.
This
remit additional duty of customs and avail CENVAT credit thereupon in cases where CENVAT credit had been availed on inputs. This policy was not immediately ... original exporter, i.e., the transferor of the scrip has, in fact, availed CENVAT credit. In the present case, the show cause notice alleges that
Ramesh Kymal … vs The Deputy Commissioner Of Income Tax on 31 March, 2019
Author: Anita
