Case Law Details
Sun Pharmaceutical Industries Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad)
CESTAT held that in case of PLA balance, it is not deposited as a duty but it is deposited as advance towards the duty. The PLA Amount takes the color of excise duty only when it is utilized for payment of duty on clearance of excisable goods. The unspent balance of PLA is only advance not duty therefore, Section 11B prescribing limitation is not applicable.
FULL TEXT OF THE CESTAT AHMEDABAD ORDER
The issue involved in the present case is whether the appellant is entitled for refund of unspent balance of Personal Ledger Account (PLA) due to change in taxation regime from central excise to GST with effect from 01.07.2017 and whether the limitation as provided under section 11 B is applicable in the case of refund of unspent PLA Balance.
2. Shri Mahesh Tailor, DGM (Indirect Taxation) of the appellant’s company submits that in the case of refund of PLA Balance section 11 B is not applicable. He placed reliance on the following judgments:
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PLA BALANCE AS ON 30/06/2017 REQUIRED REFUND CLAIM ONLINE