2007 (6) TMI 60 - AT - Central Excise

Refund of Cenvat/Modvat - Revenue contended that appellant is not entitle for refund of duty paid on input on the ground that the respondent being an SSI unit and working under SSI exemption - Held that revenue contention was not correct and allowed the refund

Summary

Issues:
- Eligibility of refund claim on duty paid inputs for exported goods by a Small Scale Industry (SSI) unit.
- Interpretation of Cenvat Credit Rules, 2002 and relevant notifications.
- Applicability of SSI exemption Notification 8/2003 on availing Cenvat credit.

Analysis:

The case involves appeals against an order-in-appeal where the respondent, a manufacturer of "Green House Structure," exported their entire production to Sri Lanka and filed a refund claim for the duty paid on inputs used in manufacturing, as per Rule 5 of the Cenvat Credit Rules, 2002. The revenue contended that being an SSI unit under Notification 8/2003, the respondent was not eligible for the refund. The Commissioner (Appeals) upheld the refund, leading to the revenue's appeals.

The Tribunal noted that the refund claims arose from the export of goods, where duty-paid inputs were used. Rule 5 of the Cenvat Credit Rules allows for such refund claims when inputs are used in final products cleared for export. The respondents complied with the specified conditions under Notification No. 11/2002, supporting their eligibility for the refund.

The Commissioner (Appeals) correctly interpreted the law, stating that under Notification 8/2003, the SSI unit could not avail credit on inputs used for goods cleared for home consumption but could claim refund for exported goods. The terms of Notification No. 11/2002 did not restrict such refunds. As the respondent had not cleared goods for home consumption under Notification 8/2003, the Commissioner (Appeals) rightly allowed the refund claim.

In conclusion, the Tribunal rejected the revenue's appeals, affirming the Commissioner (Appeals)'s decision as legally sound and in accordance with the provisions of the Cenvat Credit Rules and relevant notifications. The case clarifies the eligibility of SSI units for refund claims on duty paid inputs used in exported goods, emphasizing compliance with specific conditions and limitations specified under the law.