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2016 (8) TMI 196 - CESTAT KOLKATARefund - portion of carry forward of unutilized credit - rule 5 of cenvat credit rules – during the period credit utilized in the relevant quarters is more than the credit availed by the appellant - Revenue had contended that as per Clause-4 of Notification No. 05/2006-CE(NT) dated 14.03.006 only credit taken and utilized during a particular quarter has to be taken into consideration while sanctioning refund of unutilized credit relating to exports of finished goods in that particular quarter. Held that:- assesse allowed refund of credit only when not in a position to utilized input credit/input service credit against goods exported - credit lying unutilized in the Cenvat credit account in the beginning of the quarter is not relevant when appellant is manufacturing and clearing goods both indigenously and for export and a common Cenvat credit with respect to inputs is taken – refund claim not admissible – decided in favor of revenue.
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