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2011 (11) TMI 549 - CESTAT MUMBAIWaiver of pre deposit - Denial of refund claim - Unutilized CENVAT Credit - Held that:- initially the appellant had exported the goods under claim for rebate and later on they paid back the rebate taken along with interest. They also availed Cenvat credit for an equivalent amount in their Cenvat account. Thereafter, they applied for refund of accumulated Cenvat credit under Rule 5 of the Cenvat Credit Rules, 2004. The jurisdictional Assistant Commissioner after observing that they are unable to utilise the Cenvat credit during the relevant quarter in which the accumulation took place allowed them refund of the accumulated Cenvat credit in terms of Rule 5 of the Cenvat Credit Rules. Thus, we find that there is no infirmity in the order passed by the original Adjudicating Authority with regard to sanction of refund claim of accumulated Cenvat credit in respect of goods exported under Rule 5 of the Cenvat Credit Rules, 2004. Thus, the appellant had made out a prima facie case against impugned order - Stay granted.
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