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2015 (2) TMI 747 - CESTAT NEW DELHIRefund under rule 5 of Cenvat credit rules,2004 - Goods cleared for export under bond/LUT - The only dispute is as to whether the duty payable on the scrap cleared for home consumption during the quarter to which the refund claim pertains and also whether the amount recovered from the customers as duty on the sale of waste and scrap during the period from January 2003 to 30th June 2004 can be deducted from the refund. Held that:- In our view for these deductions there is absolutely no authority. The appellant would be eligible for cash refund of the accumulated Cenvat credit taken in respect of inputs which have been used in the manufacture of goods which has been exported under bond/LUT and in this case, cash refund can be disallowed only to the extent the cenvated inputs are contained in the scrap cleared for home consumption on payment of duty. Matter remanded back for re-determining the quantum of cash refund. Decided partly in favour of appellant.
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