TMI Blog2012 (8) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... ts used in the manufacture of such exempted goods. - held that:- this issue has been initially decided by the Bombay High Court in the case of Repro India (2007 (12) TMI 209 - BOMBAY HIGH COURT) and decision has been further affirmed by the Himachal Pradesh High Court in the case of CCE Vs. Drish Shoes Ltd. (2010 (5) TMI 334 - HIMACHAL PRADESH HIGH COURT) - Refund allowed. - Excise Appeal No. 33 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the month of February 2009 and Rs.49,31,662/- for the month of March, 2009 under Rule 5 of Cenvat Credit Rules, 2004 against exportation of 100% Cotton Terry Towels under bond. The rebate claims up to 6.12.2008 was sanctioned by Revenue. From 7.12.2008, 100% Cotton Terry Towels has been exempted from excise duty vide Notification No. 58/2008-CE dated 7.12.2008. They continued to avail Cenvat cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they could not have exported the goods under bond and they could not have taken Cenvat credit on inputs used in the manufacture of such exempted goods. Revenue has gone in appeal against the decision in the case of Repro India (supra). A Show Cause Notice issued on such reasoning has been confirmed. Based on such reasoning, refund claim for the period after 7.12.2008 has been rejected by the adjud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (i) to (iii) and (iv) shall apply in cases where goods are exported under bond. They had exported Terry Towels under bond and therefore there is no reason to reverse Cenvat credit taken on the inputs and input services going into the manufacture of such exported goods even though the goods were exempted goods. The counsel submits that this issue has been initially decided by the Bombay High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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