"5.6 Learned Counsel further relies on
the precedent ruling of this Tribunal in Flexi Caps and Polymers Pvt. Ltd. v.
Commissioner, CGST & Central Excise, Indore - 2021 (9) TMI 917-CESTAT,
New Delhi, wherein also pursuant to demand of service tax under reverse
charge mechanism after 30-6-2017, for transaction related prior to the
said date (1-7-2017), this Tribunal held that as the appellant was entitled
to cenvat credit under Cenvat Credit Rules, which is not now available due
to GST regime, is entitled to refund under section 142 read with Rule 146 of
the CGST Act.
Learned Counsel for the Appellant in submitting
decision of this Tribunal of the Principal Bench at Delhi made in the
case of Flexi Caps and Polymers Pvt. Ltd. Vs. Commissioner of CGST
& Central Excise, Indore (Date of Judgment 15.09.2021) as well as
findings made by the Bombay Bench of Tribunal in the case of M/s.
Oil States Industries India Pvt. Ltd. Vs. Commissioner of CGST and
Central Excise, Raigad (Date of Judgment 05.08.2022) had argued
that the CESTAT had given clear finding on the issue by affirming
that it has jurisdiction under Section 142 read with Section 174 of
the CGST Act to hear and decide similar appeals.
5. Learned Counsel further demonstrates with reference to the
said table that the goods were duly imported, which is not disputed and
thereafter entered in the statutory register being RG-23A Part-I wherein
the goods imported vide three bills of entry have been entered and
thereafter there is also details of utilisation and closing stock of the
same shown as nil after utilisation. Further, learned Counsel also
6
demonstrated from the RG-I register, that they have manufactured the
finished product by utilising the inputs imported and received in the
factory, and the same have been cleared on payment of duty. Learned
Counsel also states that these evidences were produced and
demonstrated before the Court below but the Court below has
overlooked these evidences and have drawn erroneous conclusion.
5.1 Learned Counsel further relies on the precedent ruling of
this Tribunal in Flexi Caps and Polymers Pvt. Ltd., vs.
Commissioner, CGST & Central Excise, Indore -2021 (9) TMI
917-CESTAT, New Delhi, wherein also pursuant to demand of service
tax under reverse charge mechanism after 30.06.2017, for transaction
related prior to the said date (01.07.17), this Tribunal held that as the
appellant was entitled to cenvat credit under Cenvat Credit Rules, which
is not now available due to GST regime, is entitled to refund under
Section 142 read with Rule 146 of the CGST Act.
Excise Appeal No.40303 of 2021
Excise Appeal No.40304 of 2021
"5.1 Learned Counsel further relies on the precedent ruling of this
Tribunal in Flexi Caps and Polymers Pvt. Ltd., vs. Commissioner,
CGST & Central Excise, Indore -2021 (9) TMI 917-CESTAT, New
Delhi, wherein also pursuant to demand of service tax under reverse
charge mechanism after 30.06.2017, for transaction related prior to the
said date (01.07.17), this Tribunal held that as the appellant was entitled
to cenvat credit under Cenvat Credit Rules, which is not now available
due to GST regime, is entitled to refund under Section 142 read with
Rule 146 of the CGST Act.
Excise Appeal No.40303 of 2021
Excise Appeal No.40304 of 2021
"5.1 Learned Counsel further relies on the precedent ruling of this
Tribunal in Flexi Caps and Polymers Pvt. Ltd., vs. Commissioner,
CGST & Central Excise, Indore -2021 (9) TMI 917-CESTAT, New
Delhi, wherein also pursuant to demand of service tax under reverse
charge mechanism after 30.06.2017, for transaction related prior to the
said date (01.07.17), this Tribunal held that as the appellant was entitled
to cenvat credit under Cenvat Credit Rules, which is not now available
due to GST regime, is entitled to refund under Section 142 read with
Rule 146 of the CGST Act.