TMI Blog2008 (10) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... sed in the manufacture of final product being exported in respect of the fact that final products are otherwise exempted - appeal dismissed - decided against Revenue. - Appeal No. E/3673/2005 - Final Order No. 843/2008-EX. - Dated:- 3-10-2008 - S.S. KANG, VICE PRESIDENT AND RAKESH KUMAR, TECHNICAL MEMBER B.S. Suhag, DR for the Appellant Ajay Jain, Adv. for the Respondent ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not admissible. It is also the case of the Revenue in the present appeal is that as the final product attracts Nil rate of duty than there is no need for execution of bond or Letter of Undertaking, hence, the refund is not admissible. 3. We find that as per the provisions of Rule 5 of Cenvat Credit Rules where any inputs are used in the final product which are cleared for export under bond o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exported under Rule 6(3)(b). Similarly, if it has obtained any adjustment or refund in terms of Rule 5 of the Cenvat Credit Rules, 2004 all of them have to be repaid if the goods are not exported. Therefore, even if no excise duty as such is required to be paid on the final product which attracts Nil rate of duty, other amounts/sums become payable to the Revenue on account of the failure of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... puts used in the manufacture of the final products being exported irrespective of the fact that the final products are otherwise exempt. 4. The Hon'ble High Court held that the manufacturer is eligible to take credit in respect of input credit of duty paid on inputs which are used in the manufacture of final product being exported in respect of the fact that final products are otherwise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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