Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2009 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (5) TMI 498 - AT - Central ExciseCenvat Credit-Textiles and textile articles- The respondents are the manufacturers of PVC Insulated Wires. They availed input credit on the inputs received and claimed that they had utilized it in the manufacture PVC Insulated Wires, which are cleared for export They filed five refund claims for the periods from April, 2005 to August, 2006. However, the Original Authority rejected the refund claims on the ground that the respondents had not fulfilled the conditions of Rule 5 of Cenvat Credit Rules, 2002 read with Notification No. 11 /2005-CE. (N.T.), as amended. The respondents approached the Commissioner (Appeals) for relief. The Commissioner (Appeals) set aside the impugned orders-in-Original and allowed the assessee’s appeals. 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. Moreover, the issue is settled in terms of the decisions of the Tribunal cited by the learned Counsel for the respondents. The OIO and the Appeal of the Department are also beyond the scope of the Show Cause Notice.
|