Goa Carbon Limited Wins Legal Battle to Secure Rs. 5.59 Crore Countervailing Duty Refund
Team Finance Saathi
15/Nov/2024

What's covered under the Article:
- Goa Carbon Limited wins legal battle for a Rs. 5.59 crore refund on Countervailing Duty (CVD).
- The Appellate Authority set aside the rejection order, confirming the company's eligibility for the refund.
- The company is in the process of completing necessary formalities to claim the refund.
Goa Carbon Limited, a prominent player in the Indian carbon industry, has secured a significant legal victory after a prolonged battle over the refund of Countervailing Duty (CVD) amounting to Rs. 5.59 Crore. The company had initially applied for this refund with the Assistant Commissioner of CGST, Division-V, Goa. Unfortunately, the refund application was rejected by the Adjudicating Authority through its Order-in-Original (O-I-O) dated 20th December 2023.
Undeterred by this setback, Goa Carbon Limited appealed the decision before the Commissioner (Appeals), CGST & Customs, Goa. The Appellate Authority, in its Order-in-Appeal (O-I-A) dated 5th June 2024, remanded the matter back to the Adjudicating Authority for further examination of the refund claim’s admissibility. This order instructed the authority to consider the claim on its merits.
Despite this, the Adjudicating Authority once again rejected the application for the refund on 30th July 2024. The company, still determined to pursue its rights, filed another appeal before the Appellate Authority. In a major development, the Appellate Authority issued a Order-in-Appeal on 13th November 2024, setting aside the rejection order by the Adjudicating Authority. The ruling confirmed that Goa Carbon Limited is indeed eligible for the refund of Rs. 5.59 Crore.
This victory comes as a relief for the company, which had faced significant uncertainty regarding the refund. The company received the Order-in-Appeal on 14th November 2024 and is currently in the process of fulfilling the necessary formalities to collect the refund amount.
This legal win not only strengthens the company’s financial position but also sets a positive precedent for other companies navigating similar issues with the Customs Department. With this significant refund, Goa Carbon Limited can now direct these funds towards reinvesting in its operations and pursuing future growth opportunities.
In light of this development, the company’s leadership has reaffirmed its commitment to complying with all legal and regulatory requirements while continuing to serve its customers and stakeholders. As the legal process concludes, Goa Carbon Limited looks forward to the timely receipt of the refund.
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