K.G. DENIM LTD. Vs. CESTAT

JUDGEMENT

(1.) These three appeals have been filed by the Assessee against the common order dated 26.6.2015, passed by the Customs Excise and Service Tax Appellate Tribunal (in short the Tribunal). The Tribunal in the operative part of its impugned Judgment and order has partly allowed the appeals of both the Assessee and the Revenue and furthermore, directed that the refund of the sum of Rs. 30,60,023/- should be allowed by re-crediting the said amount to the CENVAT Credit Account. In other words, the Assessee's stand that the said amount should be refunded in cash to it, has been declined. We may only note that during the pendency of the proceedings, out of the sum of Rs. 30,60,023/-, the assessee has been given a refund of Rs. 10,00,000/- which of course was challenged by the Revenue and it is in this context, based on the appeal of the Revenue, that the aforementioned operative directions came to be passed even vis-a-vis, the sum of Rs. 10,00,000/-.

(2.) The captioned appeals were admitted on 05.11.2015, whereupon, and the following questions of law were framed for consideration:

(3.) Before we proceed further, it may be relevant to advert to the following facts which have led to the institution of the captioned appeals: