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2017 (1) TMI 15 - AT - Central ExciseRefund - Rule 5 of the CER, 2004 - 100% EOU - instead of utilizing the credit accumulated due to export for DTA clearance, EOU unit claimed refund - Held that: - I find that similar issue has came up before the Tribunal in the case of CCE Vs. Motherson Sumi Electric Wires [ 2009 (5) TMI 498 - CESTAT, BANGALORE ] wherein it was held that We agree with the learned Commissioner (Appeals) that there is no such requirement under the Cenvat Credit Rules, 2004. We have already reproduced the finding of the Commissioner (Appeals), which is well reasoned. He had also come to the conclusion based on the figures that the respondent is not in a position to utilize the credit availed on inputs used in the manufacture of goods, which were exported under bond and which are getting accumulated from time to time. He has correctly applied Rule 5 of CCR, which provides for sanction of refunding cash in respect of goods exported under bond/letter of undertaking - Appeal allowed.
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