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2013 (6) TMI 651 - HC - Central ExciseRefund of unutilzed cenvat credit - Rule 5 of CCR - Notification no. 5/2006 - Held that:- the Commissioner of Central Excise (Appeals) completely overlooked the Notification No.7/2010C. E.(N.T.) dated 27.02.2010 and the filing of the refund claim in the revised proforma consequent to Notification No.7/2010C. E.(N.T.) dated 27.02.2010. The Tribunal also while passing the order dated 13.03.2012 has not considered the effect of amendment to Notification No.5/2006 C.E. (N.T.) dated 14.03.2006 by Notification No. 7/2010C.E.(N.T.) dated 27.03.2010. This retrospective effect is given by Section 74 of the Finance Act, 2010. This amendment appears to have done away with 1:1 correlation between input and final product for refund under Rule 5 of Cenvat Rules. Tribunal directed to decide the appeals after considering the effect of the amended Notification No.5/2006 C.E.(N.T.) dated 14.03.2006 on the refund application filed by the appellants. - matter restored before CESTAT.
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