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Case Law Details

Case Name : Capital Ispat Ltd. Vs Commissioner (CESTAT Delhi)
Appeal Number : Excise Appeal No. 51698 of 2022
Date of Judgement/Order : 17/11/2022
Related Assessment Year :
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Capital Ispat Ltd. Vs Commissioner (CESTAT Delhi)

CESTAT Delhi held that amount deposited prior to adjudication but not held as payable under SVLDR Scheme is liable to be refunded back to the appellant.

Facts- During the course of adjudication proceedings, the appellant had deposited INR 17,38,023/- towards interest. However, post introduction of ‘Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019’ the interest of INR 17,38,023/- was not required to be paid and hence it was ordered that the said amount cannot be considered towards duty payment.

Accordingly, the appellant filed the refund claim of the said amount. However, the same was rejected by the Adjudicating Authority.
Being aggrieved, the appellant is before the Tribunal.

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