- (1.) Heard Sri M.P. Devnath, learned counsel assisted by Sri Nishant Mishra, learned counsel for the petitioner-assessee and Sri B.K.S. Raghuvanshi, learned counsel for the respondent-revenue.
(2.) Present petition has been filed by the petitioner against the order-in-original dated 28.6.2013 passed by the Assistant Commissioner, Central Excise, Div-IV Noida as upheld in order-in-appeal dated 18.11.2013 passed by the Commissioner (Appeals), Customs, Central Excise and Service Tax, Noida as conferred in revision by the Government in Revision No.195/143/2014 decided on 2.1.2018. By the order-in-original, the claim of rebate filed by the petitioner claiming rebate of excise duty paid on removal of LCD panels and parts of coloured televisions removed (as such), from its factory at Noida by way of export transaction outside the country had been rejected. The total rebate claim was Rs.1,58,89,518/- being equivalent at the time of their import into the country.
(3.) Learned counsel for the petitioner would submit that the petitioner is an international manufacturer of electronic goods, i.e. coloured television sets, air conditioner, computer monitors etc. falling under Chapter 84-85 of the Central Excise Act, 1985. During the period 2007-08, it had imported certain LCD panels and parts used in manufacture of coloured televisions from outside the country. On such imports, it had paid custom duties; additional custom duties and countervailing duty. By virtue of Rule 3 (vii) of the Cenvat Credit Rules 2004, the petitioner became entitled to avail CENVAT credit on the countervailing duty so paid, upto the amount specified under those Rules.;