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2015 (1) TMI 625 - HC - Central ExciseRefund claim - Unutilized CENVAT Credit - manufacturer/exporter has not tried to utilize the credit for payment of duty - Held that:- Goods had been exported under bond without payment of duty. During the relevant period all clearances had been made by the assessee on payment of duty from Modvat account. It had not effected any clearance for export on payment of duty. The Modvat credit on inputs contained in the goods exported was, thus, not capable of being utilized within the meaning of Rule 57F(13) of the Rules. All the conditions required under Rule 57F(13) and notification No. 85/87-C.E., dated 1-3-1987 as amended had been satisfied i.e. export of goods under bond, utilisation of credit of inputs used to manufacture export goods for domestic clearances, inability of the assessee to utilise the Modvat credit as set out in the Modvat scheme and availability of excess credit with the assessee even thereafter. - The findings recorded by the Tribunal have not been shown to be illegal or perverse in any manner. Consequently, the substantial questions of law are answered against the revenue and thus, the appeal is devoid of any merit - Decided against Revenue.
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