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2014 (7) TMI 779 - AT - Central ExciseDenial of refund claim - accumulated credit availed on input service - Notification No.5/2006-CE (NT) dated 14.3.2004 issued under Rule 5 of CENVAT Credit Rules, 2004 - appellant is manufacturing exempted goods - appellant filed the refund claim under Rule 5 of the CENVAT Credit Rules, 2004 - Held that:- Since the appellant is availing full exemption and not even registered and the exempted goods were not exported under bond, refund has been denied - In fact, it is the appellants who have suffered the loss because of the delay in obtaining registration and not exporting the goods under bond, even though appellant had taken a decision to avail cenvat credit and indicated the same at the time of removal. It is strange to note that Central Excise Officers have certified the availment of cenvat credit even though the appellant was not registered and they had not made any verification whatsoever with regard to availment of cenvat credit - Following decision of WELL KNOWN POLYESTERS LTD. Versus COMMISSIONER OF C. EX., VAPI [2011 (1) TMI 664 - CESTAT, AHMEDABAD] - rejection of refund claim on the grounds enunciated are not sustainable - Decided in favour of assessee.
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