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2015 (5) TMI 446 - AT - Central ExciseRefund of unutilized credit - Rule 5 of of CCR, 2002 - exclusion of credit amount on the finished goods lying in stock and also credit on raw materials - Held that:- The Rule 5 of CCR, stipulates that where the exporter can claim refund only when not able to utilize the accumulated cenvat credit for payment of domestic clearance. As seen from the above, read with Notification No. 11/2002, the input credit attributable to the goods exported has been correctly worked out to ₹ 39,49,239/-. What is excluded is the input credit involved in the physical stock of inputs and finished goods lying in stock on 31.03.2003. Therefore, the adjudicating authority has correctly sanction the refund amount of ₹ 39,49,239/-. - Decided against the assessee.
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