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2013 (12) TMI 1187 - AT - Central ExciseRefund of un-utilised cenvat credit under Rule 5 of Cenvat Credit Rules, 2004 – Held that:- Following Commissioner of Central Excise, Bangalore-III Vs. Motherson Sumi Electric Wires [2009 (5) TMI 498 - CESTAT, BANGALORE] - inputs used in goods which were exported under bond/letter of undertaking and the refund of credit having been accumulated from time to time, which the assessee was not able to utilize, is required to be refunded in terms of the Rule 5 of Cenvat Credit Rules. In Commissioner of Central Excise, Ahmedabad Vs. Surya International [2010 (6) TMI 702 - CESTAT AHMEDABAD] - an assessee cannot be compelled to make exports under rebates and the exports under bond are entitled to refund of input or input service credit - Rule 5 of the Cenvat Credit Rules, 2002 is a beneficiary piece of legislation and central excise officers has no jurisdiction to curtail it and find reason for non-adjustment or non-utilisation and the refund of un-utilised credit being a substantive right, has to be allowed – Decided in faovur of Assessee.
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