TMI Blog2007 (7) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... input has suffered, inter alia, duty under AED (T TA) Act. (c) The appellant exports the final product and no AED (T TA) is leviable on the final product. (d) The input credit under AED (T TA) has got accumulated and they are seeking refund of the same under Rule 5 of the Cenvat Credit Rules. 4. According to the learned Advocate, the refunds were allowed by the original authority after taking note of the certificate produced by the appellant that in respect of consignments for which refund claims were made no drawback or rebate has been claimed. 5. Learned SDR for the Department submits that refund under Rule 5 will apply only in respect of goods exported under bond. He draws my attention to the findings of the Commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which cannot be utilized for any reason. The appellant s claim that as they are unable to utilize the credit of duty under AED (T TA) Act on the goods exported by them they are claiming the refund. The Department has taken the view that as the AED (T TA) could not be utilized if the final products are cleared for home consumption and in view of this restriction the refund sought by are not eligible. 9. However, it is noticed that if the inputs, namely cotton yarn is exported by the manufacturer or the third parties the same can be exported without payment of both the duties which are leviable and in the event of their paying duty and exporting they are eligible for rebate of both the duties paid. In the light of the above the refund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said rules, CENVAT Credit of AED (T TA) can be taken even though the manner of utilization of such credit is restricted in terms of sub-rule (7). Therefore, such utilized accumulated credit of AED (T TA) can be claimed as refund under Rule 5 of the CENVAT Credit Rules, 2004 on export of goods. Accordingly, it is clarified that clarification issued for the refund of AED (GSI) under Rule 5 of the CENVAT Credit Rules, 2002 vide Board s Circular No. 701/17/2003-CX, dated 12-3-2003, will be applicable to AED (T TA) subject to the conditions and limitations as prescribed under the said rules. 8. In the light of the above, the appeals are allowed with consequential relief. (Dictated and pronounced in the open Court) - - TaxTMI - TMITa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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