Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2014 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (2) TMI 351 - AT - Central ExciseDenial of refund claim - Availment of CENVAT Credit - Held that:- accumulation of credit at a given time during the quarter with the export of the goods is not relevant under the notification but it is only the amount of credit taken during the entire quarter and lying unutilized at the end of the quarter. The respondent in their cross objections have submitted that they were not able to utilize the amount of Cenvat credit as the balance in the Cenvat credit account at the end of the quarter was very much higher than the amount of refund sanctioned. In fact the appellant revenue has contested the findings of the adjudicating authority based only for the month of April and May, 2009 and have not considered June, 2009 which is against the provision of the notification - if credit is admissible in a particular month, it will be admissible in preceding and succeeding month also and exporter can claim refund after nine months, which will obviously not relate to export of goods in same month - Decided against Revenue.
|