- (1.) Heard learned counsel for the parties at length.
(2.) Learned counsel for the appellant assailed the order passed by the Tribunal i .e., Custom, Excise and Service Tax Appellate Tribunal, Kolkata, East Regional Bench, Kolkata passed in Excise Appeal No. 93 of 2006, dated 16.09.2011.
(3.) The appellant though has raised number of questions of law in the memo of appeal, however, three questions have been pressed specifically which are as under : (i) Whether the Tribunal has erred in holding that the assessee becomes entitled to the entire amount of credit of Rs. 2.37 crores as refund and the assessee can file a refund claim before the appropriate authority which cannot be and should not be rejected on limitation ground and statutory provisions do not come in the way of refund of accumulated credit attributable to goods which have been exported? (ii) Whether the Hon'ble Tribunal has erred in not appreciating the fact that the percentage calculated by the Cost Auditor is not a theoretical work-out but is based on hard facts backed by legal provisions as was being applicable during the material time and it is not correct to say that the percentage arrived by the Cost Auditor is theoretical or is devoid of any logic or rationale ? (iii) Whether the Tribunal has erred in holding in para 18 of the impugned order that the impugned forgings and springs were not taken into account while calculating the Modvat credit on the inputs under the head "Work in Progress"?;